Alternative Dispute Resolution Process. Owner may establish a dispute resolution process to be utilized in advance of that outlined in Tex. Gov’t Code, Chapter 2260.
Alternative Dispute Resolution Process. The parties recognize that there are times when an expedited arbitration may be desirable, and therefore, agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 3 of the Collective Agreement.
a) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement.
b) The parties will decide in advance of initiating the process whether the outcome will be a binding or non-binding recommendation.
c) Each party to the arbitration will be responsible for its own costs and will share equally the cost associated with the Arbitrator.
d) The offices of MoveUP or BC Hydro will be used for the process on an alternating basis.
e) The Union will designate and use an elected officer or union representative. The Employer will use employees of their Employer Relations Department. Legal counsel will not be used during the hearing by either party.
f) The parties will create a schedule for the process in advance, based on a mutual assessment of the length of time needed to present each case.
g) The parties and the arbitrator will have a brief file management conference call prior to setting the agenda for any hearing dates. This will be to ensure the agenda is kept to a manageable length.
h) Within one week of the hearing, the parties will provide an agreed statement of facts to the arbitrator.
i) Wherever possible the arbitrator will attempt to mediate a settlement between the parties. The arbitrator shall have no authority to amend or alter the terms of the collective agreement.
j) In such case that the arbitrator must write a decision, such decision shall be 1 to 5 pages long and to the point.
k) Any decisions arising from this process shall be without precedent or prejudice to any position either party may take in the future with regard to same or similar matters. The arbitrator will remain seized with respect to implementation, interpretation and application of the decision.
l) Procedure Guidelines
1) The Opening Statement: This should basically set out the case from each party’s perspective. The arbitrator will seek at this point to define the issue and to determine what evidence is agreed to and what is not.
2) The Hearing: Sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify. There shall be no grievors, managers, witnesses or supervisors to th...
Alternative Dispute Resolution Process. To the fullest extent permitted by applicable law, any dispute or controversy arising out of or relating to this Agreement, or any breach thereof, shall be referred to one or more designated representatives of each party in dispute for resolution on an informal basis as promptly as practicable. In the event the designated representatives are unable to resolve the dispute within thirty (30) days or such other period as the affected parties may agree upon, the alternative dispute resolution process set forth herein shall terminate.
Alternative Dispute Resolution Process. The parties recognize that there are times when an expedited arbitration may be desirable, and therefore agree to refer to expedited arbitration any matter properly processed as a grievance in accordance with the provisions of the grievance procedure contained in this Agreement.
a) A list of mutually acceptable arbitrators shall be created by the Joint Liaison Committee and updated as necessary.
b) The facts of the matter in dispute shall be presented during expedited arbitration by a designated representative of the Union and a designated representative of the Employer.
Alternative Dispute Resolution Process. At any time in this dispute/grievance process, with mutual agreement, the parties may request to submit the matter to mediation. With the concurrence of both parties, the Federal Mediation and Conciliation Service shall be contacted to request the services of a mediator. Time lines may be mutually waived for the mediation to proceed. If the parties fail to reach a mutually satisfactory resolution, the moving party may proceed through the grievance procedure. Request to have the matter heard by an Arbitrator shall be submitted in writing within ten (10 calendar days of the final date of mediation.)
Alternative Dispute Resolution Process. It is hereby understood and agreed that all disputes or differences which may arise under or in connection with this policy, whether arising before or after termination of this policy, including any determination of the amount of Loss, shall be submitted to the alternative dispute resolution (“ADR”) process set forth in this clause. Either the Insurer or an Insured may elect the type of ADR process discussed below; provided, however, that such Insured shall have the right to reject the Insurer’s choice of the type of ADR process at any time prior to its commencement, in which case such Insured’s choice of ADR process shall control. The Insurer and each and every Insured agrees that there shall be two choices of ADR process: (1) non- binding mediation administered by the American Arbitration Association, in which the Insurer and any such Insured shall try in good faith to settle the dispute by mediation under or in accordance with its then-prevailing Commercial Mediation Rules; or (2) arbitration submitted to the American Arbitration Association in accordance with its then-prevailing Commercial Arbitration Rules, in which the arbitration panel shall consist of three disinterested individuals. In either mediation or arbitration, the mediator or arbitrators shall have knowledge of the legal, corporate management, or insurance issues relevant to the matters in dispute. The mediator or arbitrators shall also give due consideration to the general principles of the law of the state where the Named Entity is incorporated in the construction or interpretation of the provisions of this policy. In the event of arbitration, the decision of the arbitrators shall be final and binding and provided to both parties, and the arbitrators’ award shall not include attorneys fees or other costs. In the event of mediation, either party shall have the right to commence a judicial proceeding; provided, however, that no such judicial proceeding shall be commenced until the mediation shall have been terminated and at least 120 days shall have elapsed from the date of the termination of the mediation. In all events, each party shall share equally the expenses of the ADR process. Either choice of ADR process may be commenced in New York, New York; Atlanta, Georgia; Chicago, Illinois; Denver, Colorado; or in the state indicated in Item 1(a) of the Declarations as the mailing address for the Named Entity. The Named Entity shall act on behalf of each and every Insured in deciding to proc...
Alternative Dispute Resolution Process. As an alternative to step 4 of the grievance procedure and disciplinary appeals to the City Council, including termination appeals, employees may elect the following dispute resolution procedure. This procedure shall involve use on an outside hearing officer who shall have final and binding authority to settle the dispute as set forth below.
A. Upon election of the hearing officer option, the City and the employee (or the employee’s representative) shall attempt to mutually agree on an impartial hearing officer. Should the parties fail to reach agreement on selection of a hearing officer within fifteen (15) days, they shall jointly request a list of five qualified hearing officers from the California State Mediation and Conciliation Service. If the mutual selection cannot be made from the list received within five
Alternative Dispute Resolution Process. As an alternative of Step 4 of the grievance procedure and disciplinary appeals to the City Council, including termination appeals; employees may elect the following dispute resolution procedure. This procedure shall involve use on an outside hearing officer who shall have final and binding authority to settle the dispute as set forth below.
Alternative Dispute Resolution Process. Notwithstanding any provision referred to above, where the dispute pertains to the extent of the work done or not done by the Contractor, or the quality of work, the existence of any defect and/or the performance by the Contractor in terms of this Agreement, same shall be determined by the Contractor's nominated architect who shall as an expert and whose decision shall be final and binding.
Alternative Dispute Resolution Process. 181 9.2 Exclusive Remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 9.3
