Alternative Dispute Resolution Clause - Essay Example

Negotiation is where the parties will work together to resolve an issue or dispute which might arise from the learning team meetings or the teamwork efforts, among themselves. The negotiation can be set out by means of a written request to bring out the issue of the dispute, controversy, or the claim and the solution suggested or requested. There is a faith of goodwill that ensures that the parties will abide by the proceedings and the settlement that is got from the negotiated proceedings. In case any of the parties is not satisfied by the result of the negotiation, then the professor will be introduced to perform arbitration.

The mediation will be conducted when the issue is between two members of the team. Here the two members will choose one person as the mediator and this individual will be responsible to make the decision for the dispute (Nolan-Haley, 2008). Here the two parties and the mediator will meet to discuss the issue and the possible solutions. The mediator will be a third party with no common interest in the matter. The mediator will have to make the decision for the issue. This can be contested and again the professor will be brought in for arbitration.

The arbitration will be conducted by the professor, in the case where the negotiation and mediation do not provide satisfactory results. Here the professor will meet both parties and will need each of them to provide in writing the dispute and the solution that has been got from the previous proceedings (i.e. mediation or negotiation) (Ware, 2007). Once this is got the two parties and the professor will meet and a discussion will proceed where the two parties will state their views and points for the discussion.

All results of the arbitration need to be considered as final and this is mandatory. The professor’s decision will be final and no requests will be accepted for any further consideration. In all cases, the professor will be the final word, and irrespective of which process is used, all three requirements to have the details documented in case of any further issues or disputes.