Kudler Fine Foods

Learning Team ADR Clause

The team charter includes a written commitment from each and every member to ground rules such as: meeting schedules, locations, attendance expectations, meeting agenda, timeframes of assignments, and communication methods. However, a learning team is composed of different people, of different cultures, and background, disputes cannot be avoided in the course of the team process.
Any dispute, claim or controversy arising out, relating to or in connection with team assignments, team discussions, team goals, or team members` roles, shall to the extent practicable be settled amicably by negotiation and discussion between the parties. The parties further agree that their respective good faith participation in negotiation is a condition precedent to pursuing any other available dispute resolution. Either party may commence the negotiation process by providing to the other party written notice, setting forth the subject of the dispute, claim or controversy, and the relief request.
The parties further acknowledge and agree that negotiation proceedings are settlement negotiations, and that, to the extent possible they will abide by negotiated results.
If anytime any member of the learning team believes that negotiations are not developing positive results, or the negotiations are not the right method for positive results then the dispute shall be settle through mediated negotiation with the help of a neutral person who will be appointed by the remaining members of the learning team.
The mediator shall facilitate communication between the parties, assist them in focusing on the real issues of the dispute, and generate options that meet the interests or needs of all relevant parties in the effort to resolve the conflict. The mediator shall help the parties communicate more effectively, find areas of common ground, negotiate fairly, and hopefully, reach an agreement.
If the dispute cannot be settled...