Alternative Dispute Resolution (ADR). The City and the Union encourage the use of the City’s Alternative Dispute Resolution Program or other alternative dispute resolution (ADR) processes to resolve non-contractual workplace conflicts/disputes. Participation in the program or in an ADR process is entirely voluntary and confidential.
Alternative Dispute Resolution (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the City prior to filing suit or otherwise pursuing legal remedies.
Alternative Dispute Resolution (ADR). The Parties shall use ADR to the maximum extent practicable, and comply with 32 CFR 22.815 ADR policies and procedures.
Alternative Dispute Resolution (ADR). The aggrieved party may seek resolution through alternative means of dispute resolution, such as mediation or facilitation. Dispute resolution proceedings must be initiated within 45 calendar days from the date of the alleged occurrence. At the initial session of the dispute resolution proceedings, the party must be advised in writing of their right to file a grievance and right to arbitration. If the matter is resolved and a written agreement is reached, the party will agree to forego filing a grievance in the case under consideration. If mediation, facilitation, or other dispute resolution processes are selected, the process must be aided by a neutral party who, concerning an issue in controversy, functions specifically to assist the parties in resolving the matter through a mutually achieved acceptable written agreement. The neutral party may not compel a resolution. Proceedings before the neutral party must be informal, and the rules of evidence will not apply. With the exception of a written and agreed-upon dispute resolution agreement, the proceeding must be confidential. Formal Grievance Process (Options 4 and 5)
Alternative Dispute Resolution (ADR). If resolution is not achieved through Step 1 (Informal Resolution), the aggrieved party may then seek resolution through Alternative Dispute Resolution, which requires facilitated mediation and negotiation. ADR mediation proceedings must be aided by a neutral party who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the matter through a mutually achieved and acceptable written agreement. The neutral party may not compel a resolution, and the proceedings are informal where the rules of evidence do not apply. At the initial session of dispute resolution proceedings, the aggrieved party must be advised in writing of the right to file a grievance and the right to arbitration. If the matter is resolved, the terms of the resolution are recorded in a written agreement, and the party agrees to forego filing any further grievance on the matter under consideration. With the exception of a written agreement, the proceedings are confidential. o Timeline: ADR must be initiated within 45 days of the alleged occurrence. If matter is not resolved within 30 calendar days from the date the informal dispute resolution process began, the aggrieved party must be informed in writing of the right to file a formal grievance.
Alternative Dispute Resolution (ADR). The Parties shall attempt to resolve any dispute that may arise in connection with this Employment Agreement through a process of mediation administered by JAMS (Arbitration, Mediation and ADR Services) or through selection of an agreed upon private individual outside of JAMS, with the mediation to be held in Denver County in the State of Colorado, unless the Parties agree on another venue. The Parties shall first attempt to settle the dispute by participating in at least ten (10) hours of mediation at the offices of the ADR Provider (or at another location if mutually agreed). The complaining Party must notify the other Party that a dispute exists. A designated individual mediator will be either agreed upon or if no agreement is reached, then selected within ten (10) days of notice according to JAMS' rules and procedures to conduct the mediation; provided that the mediator must not have any conflict of interest. The mediation will be held as soon as practicably possible. The mediation will be a nonbinding conference between the Parties conducted in accordance with the applicable rules and procedures of the mediator. Any mediation expenses shall be borne equally by the Executive and the Company. Neither of the Party shall initiate any litigation or an arbitration proceeding with respect to any dispute until the aforesaid mediation of the dispute is complete. Any mediation will be considered complete: (i) if the Parties enter into an agreement to resolve the dispute; (ii) with respect to the Party submitting the dispute to mediation, if the other Party fails to appear at or participate in a reasonably scheduled mediation conference; or (iii) if the dispute is not resolved within ten (10) days after the mediation is completed. If any dispute remains between the Parties after the mediation is complete, then either Party may commence legal proceedings to resolve such dispute. Any litigation of a dispute must be initiated within one (1) year from the date on which either Party first provided written notice to the other of the existence of the dispute, and any Party who fails to commence litigation within the one-year period shall be deemed to have waived any of its affirmative rights and claims in connection with the dispute and shall be barred from asserting its rights and. claims at any time thereafter. Litigation shall be deemed commenced by a Party when the Party serves a complaint on the other Party with respect to the dispute.
Alternative Dispute Resolution (ADR). 1. Informal Resolution - The aggrieved party may seek resolution of a grievance through alternative means of dispute resolution (ADR) such as mediation or facilitation. ADR proceedings must be initiated with 45 calendar days of the date of the alleged occurrence. The aggrieved party should present in writing a request for an ADR meeting to the AmeriCorps Director. At the initial session of the ADR proceedings, the party must be advised in writing of the right to file a grievance and right to arbitration. If the matter is resolved, and a written agreement is reached, the party will agree to forego filing a grievance in the matter under consideration.
Alternative Dispute Resolution (ADR). The City and the Union encourage the use of the City’s OEO or other processes to resolve non-contractual workplace conflicts/disputes. Participation in the program or in an OEO process is entirely voluntary and confidential.
Alternative Dispute Resolution (ADR). 16.1 Should any dispute arise out of the Work performed in accordance with this Agreement, the complaining party must put the other party on written notice of the dispute. The parties hereto must make every reasonable good faith effort through direct discussion to reach an equitable resolution within fifteen (15) days of the date a party is notified of a dispute by the other party (the “Initial Discussion Period”). If such an effort to resolve said dispute is without success within the Initial Discussion Period, then either party may, upon written notice to the other party, cause the dispute to be referred to officers (one from each party) of the respective parties who have not previously been involved in the dispute. Those officers must meet at a mutually acceptable time and place within ten (10) days after delivery of such notice and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. If, after thirty (30) days or sooner if mutually agreed, the parties fail to resolve the dispute, then either party may commence binding arbitration in accordance with the rules of arbitration of the Commercial Disputes Rules of the American Arbitration Association. All communications between the parties in any way connected with this Agreement and any dispute thereof must be spoken and written in English. All arbitral proceedings must be held in Houston, Xxxxxx County, Texas. The arbitrator shall have no power to award punitive or consequential damages. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court in Texas having jurisdiction thereof.
Alternative Dispute Resolution (ADR). Following settlement efforts pursuant to paragraph 10.2, any dispute, controversy, or claim arising out of or relating to the validity, construction, enforceability, or performance of this Agreement, including disputes relating to alleged breach or termination of this Agreement, other than disputes which are expressly prohibited herein from being resolved by this mechanism, shall be settled by binding Alternative Dispute Resolution (ADR) in the manner described below:
