Association of Christian Schools International PO Box 65130


Colorado Springs CO 80962-5130


John L. Cooley, Esq, CooleySublett PLC 2965 Colonnade Dr., Suite 200, Roanoke VA 24018 540-343-2451 | www.cooleysublett.com


John served as a Christian school administrator for 10 years before practicing law. He charges a flat fee of $112.50 for up to 30 minutes of legal work by telephone.


Closing Arguments


Our school has a Christian mediation/arbitration clause in our employment contracts and in the staff handbook. Even non-contracted employees sign an agreement for Christian conciliation. The school board is considering a Christian mediation/arbitration clause in student enrollment materials. What issues should the school consider in this?


Mediation Clauses in Enrollment Contracts Q:


A:


There are a number of reasons to adopt alternative dispute resolution clauses (“ADR”).


These generally reduce the adversarial nature of legal claims, lessen litigation costs, simplify and speed up the process, and are private. The most significant reason for Christian schools to include Christian ADR clauses is the biblical basis, which should apply equally to employees, students, and parents.


In considering whether to adopt a parental ADR clause, the school should evaluate several practical aspects. First, the school should determine if its insurance carrier is in agreement with required ADR. If the insurance company is not in agreement, it could affect the school’s liability coverage. Additionally, the school should make sure the wording of its insurance policy does not exclude coverage for a contract requiring ADR. Next, parents need to be educated on the principle and process of Christian ADR. An enrollment form with ADR requirements, without a proper context, can be intimidating to parents; they might


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balk and decline to enroll their child. Parents need to understand that ADR does not limit the right to present or pursue a claim, but changes the forum in which the claim is adjudicated.


The school should also consider legal requirements. For example, simply placing the ADR clause in the student handbook is likely insufficient; the ADR clause should be in a separate document. The school will also need to consider state statutory or common law requirements applicable to this type of contract, which may include size of type, explanation of procedure, identification of rules governing arbitration, and payment of costs associated with administration of the process and the mediator/ arbitrator. Though courts have upheld ADR clauses, there have been concerns regarding the extent of limitations on awards, impartiality of administrators and arbitrators, and other types of waivers.


Lastly, consult legal counsel before implementing a parental and student Christian ADR clause.


© 2016 by the Association of Christian Schools International


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