Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VSEA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement: (a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VSEA and State representatives. (b) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list. (c) The VSEA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list. (d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines will be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed. (e) Mediation conferences will take place at an agreed upon place. (f) The grievant will have the right to be present at the mediation conference. (g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed. (h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference. (i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process. (j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement. (k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance. (l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree. (m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process. (n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding. (o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision. (p) The mediator shall state the rationale for the advisory decision. (q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree. (r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator. (s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 18 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VSEA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VSEA and State representatives.
(b) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list.
(c) The VSEA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list.
(d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines timelines will be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 12 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VSEA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VSEA and State representatives.
(b) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list.
(c) The VSEA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list.
(d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines will be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 11 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VSEA VTA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VSEA VTA and State representatives.
(b) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list.
(c) The VSEA VTA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list.
(d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines will be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Alternative Dispute Resolution. In recognition of 43.01 Should the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VSEA Employer and the State agree to participate Union reach an impasse in grievance mediation, and to continue discussions relating to other processes which will facilitate negotiations for the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term renewal of this agreementAgreement, upon seven (7) calendar days written notice, a strike or lockout may commence. After twenty-one (21) calendar days has elapsed since the strike or lockout commenced, or if the parties agree sooner, all employees shall return to work and all outstanding matters shall then be submitted to an Arbitrator as hereinafter provided:
(a) Mediation The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of a grievance will be scheduled on the basis date of a joint request for mediation by VSEA and State representativesreaching such impasse.
(b) Unless otherwise agreed to in a particular grievance, the mediator The Arbitrator shall be selected by mutual agreement between the first available mediator Employer and the Union. If no agreement is reached on the list appointment of trained mediators maintained by the Department of Human Resources. The parties Arbitrator, either party may agree to remove or by-pass names from then request the listManitoba Labour Board make the appointment.
(c) The VSEA Employer and Union shall deliver a written statement or brief outlining each of their respective positions on the State outstanding proposals within fourteen (14) days of the Arbitrator’s appointment. Once the parties receive the initial written statement or brief, they shall agree have fourteen (14) days to provide a list written response. The Arbitrator shall then select either the Employer’s position, the Union’s position, a combination of volunteers to be trained the Employer’s and Union’s positions as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to basis for settlement, or settle the mediator listoutstanding proposals in any way they deem equitable.
(d) A The Employer and the Union may mutually agree that their best interests will be served by having the Arbitrator convene a mediation rather than receiving the positions of parties in writing. In the event of such an agreement, the Arbitrator shall be scheduled within ten (10) working days act as a mediator until such time as one or both of the date of agreement to mediate and all time-lines will be put on hold for parties declare that period of timean impasse has been reached. If a mediation cannot be scheduled within In the ten (10) working day time periodevent an impasse is declared, the normal grievance procedure Arbitrator shall proceeddirect the parties to resume the process outlined in subsection (c) immediately above.
(e) Mediation conferences will take place at an agreed upon placeThe Arbitrator shall render a decision within twenty-eight (28) days of their appointment and said decision shall be final and binding on all parties to this Agreement.
(f) The grievant will have Employer and the right to be present at Union shall each pay the mediation conference.
(g) Each party shall have no more than two (2) representatives presentcost of their own witnesses, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not if required, to present and shall equally share the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediatorArbitrator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VSEA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VSEA and State representatives.
(b) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human ResourcesPersonnel. The parties may agree to remove or by-pass names from the list.
(c) The VSEA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list.
(d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines will be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Alternative Dispute Resolution. In recognition Any dispute arising out of or relating to this Agreement shall be resolved in accordance with the procedures specified in this Article i, which shall be the sole and exclusive procedures for the resolution of any such disputes The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between senior executives of the parties' commitment Parties who have authority to reconcile their differences settle the controversy. Any Party may give the other Party written notice of any dispute not resolved in the least adversarial manner possible, and at normal course of business. Within fifteen (15) Days after delivery of the lowest possible organizational levelnotice, the VSEA receiving Party shall submit to the other a written response. The notice and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
response shall include (a) Mediation a statement of each Party's position and a grievance will be scheduled on the basis summary of a joint request for mediation by VSEA arguments supporting that position, and State representatives.
(b) Unless otherwise agreed to in a particular grievancethe name and title of the senior executive who will represent that Party and of any other person who will accompany such executive. Within thirty (30) Days after delivery of the disputing Party's notice, the mediator designated senior executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If the first available mediator dispute has not been resolved by negotiation of the designated senior executives of the Parties within sixty (60) Days of the receiving Party's receipt of the disputing Party's notice, or if the Parties failed to meet within thirty (30) Days of the receiving Party's receipt of the disputing Party's notice, the Parties shall endeavor to settle the dispute by mediation under the then-current CPR Institute for Dispute Resolution mediation procedure in effect on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list.
(c) The VSEA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list.
(d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines will be put on hold for that period of timethis Agreement. If a mediation cannot be scheduled within the ten (10) working day time periodUnless otherwise agreed, the normal grievance procedure shall proceed.
(e) Mediation conferences Parties will take place at an agreed upon place.
(f) The grievant will have select a mediator from the right CPR Panels of Distinguished Neutrals. Notwithstanding the provisions of this clause, either Party may seek from any court having jurisdiction hereof any interim, provisional or injunctive relief that may be necessary to be present at protect its rights or property or maintain the mediation conference.
(g) Each party shall have no more than two (2) representatives presentstatus quo before, in addition to during or after the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning pendency of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in natureproceeding. The presentation institution and maintenance of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not applyjudicial action or proceeding for any such interim, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person provisional or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation injunctive relief shall not constitute a precedent unless waiver of the parties otherwise agree.
right or obligation of either Party to submit the dispute to negotiation and mediation as described above, including any claims or disputes arising from the exercise of such interim, provisional or injunctive relief. If the dispute has not been resolved by mediation as provided herein within ninety (m90) If no settlement is reached at mediationDays of the initiation of the above procedures, either Party may initiate litigation upon thirty (30) Days' written notice to the other Party; provided, however, that if one Party has requested the other to participate in any of the above non-binding procedures and the other has failed to participate, the parties are free to pursue the remainder requesting Party may initiate litigation before expiration of the grievance process.
above period. The prevailing Party in the resolution of any dispute hereunder shall be entitled to have its costs and expenses incurred in the prosecution of such dispute (nincluding, without limitation, reasonable attorneys' fees and expenses) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done reimbursed by the mediator may be referred to in subsequent proceedings, or before other Party promptly after the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.resolution thereof
Appears in 3 contracts
Samples: Gas Purchase Agreement (Petroleum Development Corp), Gas Purchase Agreement (Rockies Region 2007 Lp), Gas Purchase Agreement (Rockies Region 2007 Lp)
Alternative Dispute Resolution. In recognition If both parties to this Agreement concur, the procedures provided in this Article 20 may be modified or replaced in whole or in part by a grievance mediation/resolution procedure except that any such procedure must provide for a definitive and binding resolution of the parties' commitment issues presented thereby. No such procedure shall be effective unless and until it is reduced to reconcile their differences in writing and signed by the least adversarial manner possible, Director of the Office of Collective Bargaining and at a bargaining unit member designated by the lowest possible organizational level, the VSEA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relationsUnion. The following are system of Mini Arbitrations shall be established to hear disciplinary grievances involving suspensions of ten days or less. The parties agree to the agreed upon rules for mediation following expedited arbitration procedure. The procedure will operate in the following manner:
a. A special list of grievances and other disputes arbitrators will be chosen by the parties to hear all expedited arbitrations during the term of this agreement:
(a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VSEA and State representativesAgreement.
b. The grievances presented to the arbitrator under this section will consist of disciplinary actions of suspensions or fines of less than ten (b10) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resourcesdays. The parties may agree to remove or by-pass names from the listsubmit other issues by mutual agreement.
c. Only matters of procedural arbitrability may be addressed in this expedited procedure. Grievances where there is an issue of substantive arbitrability may only be dealt with in accordance with Section 20.08, Arbitration.
d. The arbitrator will normally hear at least four (c4) grievances at each session unless mutually agreed otherwise. The VSEA parties will endeavor to develop and maintain a regular schedule for the State shall agree handling of expedited arbitrations.
e. Grievance presentation will be limited to a list preliminary introduction, a short reiteration of volunteers facts and a brief oral argument. No briefs or transcripts shall be made. If witnesses are used to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training present facts, there will be added to the mediator list.
(d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines will be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more than two (2) representatives presentper side including the grievant and the investigating officer. In cases where there is an issue of procedural arbitrability, in addition to the grievant, at any mediation, unless otherwise agreedeach party will be permitted two (2) additional witnesses.
(h) f. The representatives of the parties are encouraged, but not required, to present the mediator with arbitrator will either give a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed bench decision or issue a decision within five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in naturecalendar days. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person arbitrator can either uphold or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of deny the grievance process.
(n) In or modify the event that a grievance which was mediated subsequently goes relief sought. All decisions will be final and binding. Decisions issued pursuant to a grievance hearing, this procedure shall have no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted precedence unless mutually agreed otherwise by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) . The parties agree to share any cost of the mediation, including arbitrator and the mileage and pre-agreed expenses of the mediator.
(s) The mediation hearing will not take more than one (1) day, except be shared equally by mutual agreement of the parties.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Alternative Dispute Resolution. In recognition 30.01 Should the Company and the Union reach an impasse in negotiations for the renewal of the parties' commitment above-mentioned Agreement, upon seven (7) calendar days written notice, a strike or lockout may commence.
30.02 After forty-five (45) calendar days has elapsed since the strike or lockout commenced, all employees shall return to reconcile their differences in the least adversarial manner possible, work and at the lowest possible organizational level, the VSEA and the State agree all outstanding matters shall then be submitted to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreementan Arbitrator as hereinafter provided:
(a) Mediation The Company and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of a grievance will be scheduled on the basis date of a joint request for mediation by VSEA and State representativesreaching such impasse.
(b) Unless otherwise agreed to in a particular grievance, the mediator The Arbitrator shall be selected by mutual agreement between the first available mediator Company and the Union if at all possible. If no agreement is reached on the list of trained mediators maintained by person who shall act as Arbitrator, either party may then request The Manitoba Labour Board to make the Department of Human Resources. The parties may agree to remove or by-pass names from the listappointment.
(c) The VSEA Arbitrator shall receive a written statement or brief from the Company and the State Union outlining each of their respective positions on the outstanding proposals within fourteen (14) days of their appointment, and shall agree to a list select either the Company’s position, the Union’s position, the combination of volunteers to be trained both the Company’s and Union’s positions as grievance mediators. Each approved volunteer who successfully completes outlined by them as the prescribed training will be added to basis for settlement, or settle the mediator listmatters in any way they deem equitable.
(d) A mediation The Company and the Union may mutually agree that their best interests would be served by having the Arbitrator convene a meeting rather than receiving the positions of parties in writing. Failing such mutual agreement, the Company and the Union shall be scheduled within ten (10) working days of submit their final positions on all outstanding proposals by courier, to the date of agreement to mediate and all time-lines will be put on hold for that period of time. If a mediation cannot be scheduled Arbitrator, within the ten fourteen (1014) working day days specified above, or they shall waive all rights under this provision, and the Arbitrator is instructed to proceed with the written statements or briefs which are properly filed within the time period, the normal grievance procedure shall proceedlimits specified above.
(e) Mediation conferences will take place at an agreed upon placeThe Arbitrator shall render a decision within twenty-eight (28) days of their appointment and said decision shall be final and binding on all parties to this Agreement.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, Company and the arguments in support Union shall pay the cost of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in naturewitnesses if required. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, Company and no record of the mediation conference Union shall be made except in equally share the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediatorArbitrator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Alternative Dispute Resolution. 10.1 The parties recognize that bona fide disputes as to certain matters may arise from time to time. In recognition the event of the parties' commitment occurrence of such a dispute, either party may, by written notice to reconcile the other party, have such dispute referred to the respective Presidents of Chiron and CDC or their differences successors, for attempted resolution by good faith negotiations within 30 days after such notice is received. In the event that such designated officers are not able to resolve the referred dispute within the 30-day period, either party may invoke the provisions of Section 10.2.
10.2 Any dispute, controversy or claim arising out of or relating to the validity, construction, enforceability or performance of this Agreement shall be settled by binding Alternative Dispute Resolution ("ADR") in the least adversarial manner possibledescribed below:
10.2.1 If a party intends to begin an ADR to resolve a dispute, that party shall provide written notice (the "ADR Request") to counsel for the other party informing the other party of its intention and at the lowest possible organizational levelissues to be resolved. From the date of the ADR Request and until such time as any matter has been finally settled by ADR, the VSEA running of the time periods contained in Section 7.2 as to which a party must cure a breach of this Agreement shall be suspended as to the subject matter of the dispute.
10.2.2 Within 10 business days after the receipt of the ADR Request, the other party may, by written notice to the counsel for the party initiating ADR, add additional issues to be resolved. Within 20 business days following the receipt of the ADR Request a neutral shall be selected by the then-President of the Center for Public Resources ("CPR"), 000 Xxxxx Xxx., Xxx Xxxx, Xxx Xxxx 00000. The neutral shall be an individual who shall preside in resolution of any disputes between the parties. The neutral selected shall be a member of the Judicial Panel of the CPR and the State shall not be an employee, director or shareholder of any party or of an Affiliate of any party and shall agree to participate in grievance mediation, comply with the time deadlines imposed by this Section 10.2 and to continue discussions relating to other processes which will facilitate such extension of times as the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VSEA and State representatives.
(b) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names upon. Any party shall have 10 business days from the listdate the neutral is selected to object in good faith to the selection of that person. If any party makes such an objection, the then-President of the CPR shall, as soon as possible thereafter, elect another neutral under the same conditions set forth above. This second selection shall be final.
(c) 10.2.3 No later than 90 business days after selection, the neutral shall hold a hearing to resolve each of the issues identified by the parties and shall render the award as expeditiously thereafter as possible but in no event more than 60 days after the close of hearings, except in an extraordinary situation where such time limitation would deprive either party of procedural due process. In making the award the neutral shall rule on each disputed issue and shall adopt in whole or in part the proposed ruling of one of the parties on each disputed issue. Such ruling and award shall be in writing, and shall set forth the reasons therefor.
10.2.4 The VSEA and parties intend that discovery, although permitted as described below, will be limited except in exceptional circumstances, as determined by the State neutral. The neutral shall agree to a list permit limited discovery as necessary for an understanding of volunteers to be trained as grievance mediatorsany legitimate issue raised in the ADR, including the production of documents. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list.
(d) A mediation party shall be scheduled within ten (10) working days permitted but not required to take the deposition of not more than five persons, and each such deposition shall not exceed six hours in length. If the neutral believes that exceptional circumstances exist, and additional discovery is necessary for a full and fair resolution of the date of agreement to mediate issues, additional discovery as the neutral deems necessary may be ordered. At the hearing the parties may present testimony (either by live witness or deposition) and all time-lines will documentary evidence. The hearing shall be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed.
(e) Mediation conferences will take held at such place at an as is agreed upon place.
(f) The grievant will by the parties or if they are unable to agree at a place designated by the neutral. Each party shall have the right to be present represented by counsel. The neutral shall have sole discretion with regard to the admissibility of any evidence and all other matters relating to the conduct of the hearing. The neutral shall in rendering a decision, apply the substantive law of New York without giving effect to any rules or laws relating to arbitration, and shall attempt to resolve any dispute based upon the terms of this Agreement as written. The decision of the neutral shall be final and not appealable, except in cases of fraud or bad faith on the part of the neutral or any party to the ADR proceeding in connection with the conduct of such proceedings.
10.2.5 At least 15 business days prior to the date set for the hearing, each party shall submit to the other party and the neutral a list of all documents on which the party intends to rely in any oral or written presentation to the neutral and a list of all witnesses, if any, the party intends to call at the mediation conference.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator hearing together with a brief written statement summary of each witness' expected testimony. At least five business days prior to the hearing, each party must submit to the neutral and serve on the other party a proposed ruling on each issue to be resolved. The document containing the proposed rulings shall be limited to the proposed rulings, and shall contain no argument or analysis of the facts, the facts or issues, and the arguments in support of their position. Such statements shall be limited to not exceed five (5) typewritten more than 50 pages. If such a statement is not presented in written form, it shall be presented orally at No more than five business days following the beginning close of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediationhearings, the parties are free may each submit post hearing briefs to pursue the remainder neutral addressing the evidence and issues to be resolved. The post-hearing briefs shall not be more than 30 pages.
10.3 The neutral shall determine the proportion in which the parties shall pay the costs and fees of the grievance processADR. Unless otherwise determined by the neutral, each party shall pay its own costs (including, without limitation, attorneys' fees) and expenses in connection with such ADR.
(n) In 10.4 The ADR proceeding shall be confidential, and the event that a grievance which was mediated subsequently goes neutral shall issue appropriate protective orders to a grievance hearingsafeguard each parties' Information. Except as required by law, no mediator may serve as witness party shall make (or advocate. Nothing said instruct the neutral to make) any public announcement with respect to the proceedings or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediatorneutral without the prior written consent of each other party. The existence of any dispute submitted to ADR, if accepted and the award of the neutral, shall be kept in confidence by the partiesparties and the neutral, shall not constitute a precedent, unless except as required in connection with the parties enforcement of such award or as otherwise agreerequired by applicable law.
(r) The parties agree to share 10.5 Any judgment upon the award rendered by the neutral may be entered in any cost of the mediation, including the mileage and pre-agreed expenses of the mediatorcourt having jurisdiction thereof.
(s) The mediation will not take more than one (1) day10.6 Nothing in this Article 10 shall be deemed to preclude a party from bringing suit against the other party in a court of competent jurisdiction to enforce, except by mutual agreement of the partiesor enjoin infringement of, such party's intellectual property rights.
Appears in 3 contracts
Samples: Cross License Agreement (Chiron Corp), HCV Probe License and Option Agreement (Chiron Corp), Stock Purchase Agreement (Chiron Corp)
Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VSEA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation Except as otherwise provided herein, in case any disagreement of a grievance will whatever nature arising out of or relating to this Agreement or the breach, termination, enforceability or validity thereof ("Dispute") shall arise between the parties hereto, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between executives who have authority to settle the Dispute. If the Dispute cannot be scheduled on resolved through negotiation, either party may initiate mediation of the basis of a joint request for mediation by VSEA and State representativesDispute as hereinafter provided.
(b) If the Dispute has not been resolved by negotiation as hereinabove provided, the parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 16 before resorting to arbitration. Unless otherwise agreed to the parties agree otherwise, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") then in effect by a particular grievancemediator who (i) has the qualifications and experience set forth in paragraph (c) of this Section 16 and (ii) is selected as provided in paragraph (d) of this Section 16.
(c) Unless the parties agree otherwise, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list.
(c) The VSEA and a lawyer licensed in the State shall agree to of Georgia (i) who is or has been a list of volunteers to be trained partner in (or counsel to) a highly respected law firm for at least 15 years as grievance mediators. Each approved volunteer a practicing attorney specializing in either general commercial litigation or general corporate and commercial matters and (ii) who successfully completes the prescribed has had both training will be added to the mediator listand experience as a mediator.
(d) A Either party (the "Initiating Party") may initiate mediation of the Dispute by giving the other party (the "Recipient Party") written notice (a "Mediation Notice") setting forth a list of the names and resumes of qualifications and experience of three impartial persons who the Initiating Party believes would be qualified as a mediator pursuant to the provisions of paragraph (c) hereof. Within 15 days after the delivery of the Mediation Notice, the Recipient Party shall give a counter-notice (the "Counter-Notice") to the Initiating Party in which the Recipient Party may designate a person to serve as the mediator from among the three persons listed by the Initiating Party in the Mediation Notice (in which event such designated person shall be scheduled within ten (10) working days the mediator). If none of the date persons listed in the Mediation Notice is designated by the Recipient Party to serve as the mediator, the Counter-Notice should set forth a list of agreement the names and resumes of three impartial persons who the Recipient Party believes would be qualified as a mediator pursuant to mediate the provisions of paragraph (c) hereof. Within 10 days after the delivery of the Counter- Notice, the Initiating Party may designate a person to serve as the mediator from among the three persons listed by the Recipient Party in the Counter-Notice (in which event such designated person shall be the mediator). If the parties cannot agree on a mediator from the three impartial nominees submitted by each party, each party shall strike two names from the other party's list, and all time-lines the two remaining persons on both lists will jointly select as the mediator any person who has the qualifications and experience set forth in paragraph (c) hereof. If they are unable to agree, then the mediator will be put on hold for that period selected by the President of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceedAAA.
(e) Mediation conferences will take place Within 30 days after the mediator has been selected as provided above, both parties and their respective attorneys shall meet with the mediator for one mediation session of at least six hours, it being agreed that each party representative attending such mediation session shall be an executive with authority to settle the Dispute. If the Dispute cannot be settled at such mediation session or at any mutually agreed continuation thereof, either party may give the other and the mediator a written notice declaring the mediation process at an agreed upon placeend, in which event the Dispute shall be resolved by arbitration as hereinafter provided.
(f) The grievant will have the right to be present at costs of the mediation conferenceshall be shared equally between the parties.
(g) Each If the Dispute is not settled by negotiation or mediation, then the Dispute shall be decided by arbitration. Arbitration shall be initiated by either party giving written notice to arbitrate to the other party, stating the question to be arbitrated and the name of the arbitrator selected by that party. Within ten (10) days of the date of said notice to arbitrate certificate, the other party shall select and give written notice of its arbitrator to the initiating party. The two arbitrators so selected shall select a third arbitrator and give written notice within five (5) days after the second arbitrator is chosen. The arbitration shall be conducted solely by the third arbitrator, who shall hear evidence and make an award within twenty (20) days after the notice of selection of the third arbitrator is given to the parties, which award, when signed by the third arbitrator, shall be final. If either party shall refuse or neglect to appoint an arbitrator within ten (10) days after the other shall have appointed an arbitrator and given written notice to arbitrate to the other, requiring such party to appoint an arbitrator, then the arbitrator so appointed by the first party shall have no more than two power to proceed to arbitrate and determine the matters of disagreement as if he were an arbitrator appointed by both the parties hereto for that purpose, and his award in writing signed by him shall be final; provided that such award shall be made within fifteen (215) representatives present, in addition days after such refusal or neglect of the other party to appoint an arbitrator. The party against which such award is made shall pay all costs and expenses of the grievant, at any mediation, unless otherwise agreedarbitration.
(h) Any arbitration pursuant to this Section 16 shall be conducted in Augusta, Georgia, and governed by the Federal Arbitration Act and administered by the AAA under its Commercial Arbitration Rules and its Supplementary Procedures for Large, Complex Disputes, provided that persons eligible to be selected as arbitrators shall be limited to attorneys-at-law who (i) are on the AAA's Large, Complex Case Panel or a CPR Panel of Distinguished Neutrals, or who have professional credentials similar to the attorneys listed on such AAA and CPR panels, and (ii) have practiced law for at least 15 years as an attorney specializing in either general commercial litigation or general corporate and commercial matters. The representatives of the parties are encouraged, but not required, to present the mediator with arbitrator shall base its award on applicable law and judicial precedent and include in such award a brief written statement of the facts, reasons upon which the issues, and award is based. Judgment on the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done award rendered by the mediator arbitrator may be referred to entered in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceedingany court having jurisdiction thereof.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 2 contracts
Samples: Agreement of Sale (Cumulus Media Inc), Agreement of Sale (Cumulus Media Inc)
Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VSEA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation Except as otherwise provided herein, in case any disagreement of a grievance will whatever nature arising out of or relating to this Agreement or the breach, termination, enforceability or validity thereof ("Dispute") shall arise between the parties hereto, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between executives who have authority to settle the Dispute. If the Dispute cannot be scheduled on resolved through negotiation, either party may initiate mediation of the basis of a joint request for mediation by VSEA and State representativesDispute as hereinafter provided.
(b) If the Dispute has not been resolved by negotiation as hereinabove provided, the parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 16 before resorting to arbitration. Unless otherwise agreed to the parties agree otherwise, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") then in effect by a particular grievancemediator who (i) has the qualifications and experience set forth in paragraph (c) of this Section 16 and (ii) is selected as provided in paragraph (d) of this Section 16.
(c) Unless the parties agree otherwise, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list.
(c) The VSEA and a lawyer licensed in the State shall agree to of Georgia (i) who is or has been a list of volunteers to be trained partner in (or counsel to) a highly respected law firm for at least 15 years as grievance mediators. Each approved volunteer a practicing attorney specializing in either general commercial litigation or general corporate and commercial matters and (ii) who successfully completes the prescribed has had both training will be added to the mediator listand experience as a mediator.
(d) A Either party (the "Initiating Party") may initiate mediation of the Dispute by giving the other party (the "Recipient Party") written notice (a "Mediation Notice") setting forth a list of the names and resumes of qualifications and experience of three impartial persons who the Initiating Party believes would be qualified as a mediator pursuant to the provisions of paragraph (c) hereof. Within 15 days after the delivery of the Mediation Notice, the Recipient Party shall give a counter-notice (the "Counter-Notice") to the Initiating Party in which the Recipient Party may designate a person to serve as the mediator from among the three persons listed by the Initiating Party in the Mediation Notice (in which event such designated person shall be scheduled within ten (10) working days the mediator). If none of the date persons listed in the Mediation Notice is designated by the Recipient Party to serve as the mediator, the Counter-Notice should set forth a list of agreement the names and resumes of three impartial persons who the Recipient Party believes would be qualified as a mediator pursuant to mediate and all timethe provisions of paragraph (c) hereof. Within 10 days after the delivery of the Counter- Notice, the Initiating Party may designate a person to serve as the mediator from among the three persons listed by the Recipient Party in the Counter-lines will Notice (in which event such designated person shall be put on hold for that period of timethe mediator). If a mediation the parties cannot be scheduled within agree on a mediator from the ten (10) working day time periodthree impartial nominees submitted by each party, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each each party shall have no more than strike two (2) representatives present, in addition to names from the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issuesother party's list, and the arguments two remaining persons on both lists will jointly select as the mediator any person who has the qualifications and experience set forth in support of their position. Such statements shall not exceed five paragraph (5c) typewritten pageshereof. If such a statement is not presented in written formthey are unable to agree, it shall then the mediator will be presented orally at selected by the beginning President of the mediation conferenceAAA.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 2 contracts
Samples: Agreement of Sale (Cumulus Media Inc), Agreement of Sale (Cumulus Media Inc)
Alternative Dispute Resolution. In recognition 15.1 Subject to Article 9.2(j), either Corporation may refer any matter of disagreement respecting this Agreement, to mediation pursuant to the parties' commitment Act and otherwise accordance the following procedures.
15.2 The Mediator (as defined below) has no authority to reconcile their differences in render a binding decision or force the least adversarial manner possible, and at the lowest possible organizational level, the VSEA and the State agree parties to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:accept a settlement.
(a) Mediation of The parties shall co-operate to select a grievance will mediator (the "Mediator") who shall be scheduled on the basis of a joint request for mediation by VSEA and State representativesan impartial third party.
(b) Unless otherwise agreed No person shall serve as a Mediator in any dispute in which or she has financial or personal interest in the result of the mediation.
(c) Xxxxx to in a particular grievanceaccepting an appointment, the mediator prospective Mediator shall be disclose circumstances likely to create a presumption of bias or interest the outcome proceedings, or prevent a prompt meeting with the parties.
(a) Upon appointment, the parties shall enter into a written agreement Mediator.
(b) The agreement shall include the time and location of the mediation session. parties and the Mediator may schedule additional mediation sessions.
(c) If the parties are unable to reach a settlement the Mediator shall not act as an arbitrator.
(d) The Mediator or any member of the Mediator's firm or company will not act any of the parties individually in relation to the subject matter of the mediation capacity during the currency of the mediation or at any thereafter.
(a) At the first available mediator on session, the list parties will produce information the Mediator reasonably requires to understand the issues, including,
(i) any written materials;
(ii) a description of trained mediators maintained by any witnesses and what they each could or
(iii) the Department Mediator may ask the parties for written materials or advance of Human Resources. The parties may agree to remove or by-pass names from the listmediation session.
(b) At the mediation session(s), the Mediator will conduct an orderly settlement negotiation.
(c) The VSEA and the State parties shall agree be represented by a person with authority to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator listsettle case.
(d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines The Mediator will be put on hold for that period of time. If impartial in such proceedings and has no authority to force the parties to agree to a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceedsettlement.
(e) Mediation conferences will take place at an agreed upon placeThe Mediator may conduct separate meetings (caucuses) with each party to improve the Mediator's understanding of the respective positions
(a) The parties recognize that mediation proceedings are settlement negotiations and that all offers, promises, conduct and statements, whether written or oral course of the proceedings are inadmissible in any litigation or arbitration to the extent the law allows.
(fb) The grievant parties agree not to subpoena or otherwise require the Mediator to testify or produce records, notes or work product in any future proceedings no recording or stenographic record will have the right to be present at the made of any ui1...,uu•u'I.J•u session. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in a mediation conferencesession.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(nc) In the event the p arties do reach a settlement that is made into a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so requestwritten agreement, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute agreement will be admissible a precedentcourt or arbitration proceedings to enforce it, unless the parties otherwise agree.
(rd) Any information disclosed to the Mediator in a private caucus confidential unless the party disclosing the infonnation agrees that the Mediator may disclose it. a plan present
15.7 If one or more of the parties has a substantial need for discovery to prepare for the mediation session, the parties shall attempt to agree on discovery. Should they fail to reach agreement, the parties Mediator for a non-binding recommendation.
(a) All parties agree that the Mediator:
(i) Is not acting as legal advisor or legal representation parties; such necessary the matter to
(ii) Has no duty to assert, analyze or protect any legal right or obligation including lien rights, statute of uuin�•"'-''U or any other time or requirement;
(iii) Has no duty to make an independent expert analysis of the situation or raise issues the parties do not raise or determine that additional necessary parties should participate in the mediation;
(iv) Cannot guarantee that the mediation will result in a settlement.
(b) The parties may be represented by a lawyer at any stage of the mediation process and are encouraged to consult legal counsel concerning the proceedings or any proposed settlement agreements.
(c) The Mediator shall not be a party to any proceedings to enforce a settlement agreement.
15.9 The mediation shall be tenninated in any of the following circumstances:
(a) By the execution of a settlement agreement by the parties;
(b) By a declaration by the Mediator to the effect that, in the judgment of the Mediator, further efforts at mediation are no longer worthwhile; or
(c) By a declaration by any party to the effect that the mediation proceedings are terminated.
15.10 The parties undertake not to take any further steps in any legal proceedings regarding the issues being mediated while the mediation is in progress unless the same is required to preserve rights.
(a) Each party shall pay the share of the Mediator's fees and expenses
(i) the settlement specifies, if a settlement is obtained; or
(ii) the Mediator specifies in the notice that the mediation has failed, mediation fails.
(b) Each party will bear its own costs and expenses of its participation in Mediation, unless otherwise agreed.
15.12 The Mediator shall not be liable to the parties for any act or omission connection the services provided by him or her in, or in relation to, the mediation, act or omission is fraudulent or involves willful misconduct.
15.13 Either Corporation (the "Referring Corporation") may refer any matter of disagreement respecting this Agreement, including its validity, interpretation, application or implementation to arbitration pursuant to the Act and the Arbitrations Act, 1991 (Ontario) in accordance with the following procedure:
(a) the Referring Corporation shall give notice in writing (the "Arbitration Notice") to the other Corporation specifying the matter being referred in reasonable detail and nominating and appointing an arbitrator;
(b) within ten (10) days after the giving of an Arbitration Notice, the Corporation receiving the Arbitration Notice shall nominate and appoint an arbitrator and shall notify the Referring Corporation in writing thereof;
(c) within five (5) days of the appointment of the second arbitrator, the two arbitrators appointed shall appoint in writing a willing third arbitrator to act as Chair and notify the Corporation in writing thereof;
(d) if the two arbitrators do not agree on a third arbitrator as contemplated in sub clause (c) hereof, then the third arbitrator shall be appointed by the Superior Court of Ontario, pursuant to share the Arbitrations Act, 1991 (Ontario);
(e) if the Corporation receiving the Arbitration Notice fails within the said ten (10) days to nominate and appoint an arbitrator, then the arbitrator appointed by the Referring Corporation shall be deemed to be a mutually-agreed-on sole arbitrator;
(f) notwithstanding the foregoing, any arbitration may be carried out by a single arbitrator ifthe Corporation agrees; and
(g) if a single arbitrator is acting pursuant to clause (e) or (f) hereof, the provisions of Subsections 15.13 shall apply mutatis mutandis.
15.14 Any arbitration carried out pursuant to Subsections 15.13 hereof shall take place in the City of Barrie at the time and place fixed by the arbitrator appointed by the arbitrators to act as Chair in the following manner:
(a) each arbitrator shall be sworn faithfully and fairly before the others to determine the matter of difference in issue;
(b) the arbitrators shall hear such evidence and representations as the Corporations may present, with cross-examination of witnesses permitted;
(c) arbitrators shall proceed with all possible speed to make their decision in writing and shall give a copy thereof to each Corporation;
(d) the conduct and procedure during the arbitration shall be in accordance with the rules of natural justice;
(e) each Corporation shall bear the cost of the mediation, including services of its own appointee and each Corporation shall pay a percentage (equal to the mileage number of residential dwelling units in its condominium corporation by the total number of residential dwelling units in the Corporations) and pre-agreed expenses the cost of the mediator.third arbitrator or any sole arbitrator and all other normal costs of the arbitration or costs which they all agree should be borne equally shall be borne equally, but the costs of any transcription services shall be borne solely by the Corporation ordering same;
(sf) The mediation will judgment upon any decision rendered by the arbitrators that has not take more than one been properly appealed in accordance with clause (1g) day, except hereof may be entered in any court having jurisdiction thereover; and
(g) a written decision concurred in by mutual agreement the majority of the partiesarbitrators shall be final and binding upon the Corporations both in respect of procedure and conduct of the proceedings and in respect of the final determination in accordance with the provisions of the Arbitrations Act, 1991 (Ontario), which shall apply in all arbitrations under Section 15.13 hereof.
Appears in 1 contract
Samples: Shared Facilities Agreement
Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational level, the VSEA and the State agree to participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation Except as otherwise provided herein, in case any disagreement of a grievance will whatever nature arising out of or relating to this Agreement or the breach, termination, enforceability or validity thereof ("Dispute") shall arise between the Parties hereto, the Parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between executives who have authority to settle the Dispute. If the Dispute cannot be scheduled on resolved through negotiation, either party may initiate mediation of the basis of a joint request for mediation by VSEA and State representativesDispute as hereinafter provided.
(b) If the Dispute has not been resolved by negotiation as hereinabove provided, the Parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 15 before resorting to arbitration. Unless otherwise agreed to the Parties agree otherwise, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the AAA then in effect by a particular grievancemediator who (i) has the qualifications and experience set forth in paragraph (c) of this Section 15 and (ii) is selected as provided in paragraph (d) of this Section 15.
(c) Unless the Parties agree otherwise, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove a lawyer (i) who is or by-pass names from the list.
has been a partner in (cor counsel to) The VSEA a highly respected law firm for at least fifteen (15) years as a practicing attorney specializing in either general commercial litigation or general corporate and the State shall agree to commercial matters and (ii) who has had both training and experience as a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator listmediator.
(d) A Either party (the "Initiating Party") may initiate mediation of the Dispute by giving the other party (the "Recipient Party") written notice (a "Mediation Notice") setting forth a list of the names and resumes of qualifications and experience of three impartial persons who the Initiating Party believes would be qualified as a mediator pursuant to the provisions of paragraph (c) hereof. Within fifteen (15) days after the delivery of the Mediation Notice, the Recipient Party shall give a counter-notice (the "Counter-Notice") to the Initiating Party in which the Recipient Party may designate a person to serve as the mediator from among the three (3) persons listed by the Initiating Party in the Mediation Notice (in which event such designated person shall be scheduled within the mediator). If none of the persons listed in the Mediation Notice is designated by the Recipient Party to serve as the mediator, the Counter-Notice should set forth a list of the names and resumes of three (3) impartial persons who the Recipient Party believes would be qualified as a mediator pursuant to the provisions of paragraph (c) hereof. Within ten (10) working days after the delivery of the date of agreement Counter-Notice, the Initiating Party may designate a person to mediate and all timeserve as the mediator from among the three (3) persons listed by the Recipient Party in the Counter-lines will Notice (in which event such designated person shall be put on hold for that period of timethe mediator). If a mediation the Parties cannot be scheduled within agree on a mediator from the ten three (103) working day time periodimpartial nominees submitted by each party, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each each party shall have no more than strike two (2) representatives present, in addition to names from the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issuesother Party's list, and the arguments two (2) remaining persons on both lists will jointly select as the mediator any person who has the qualifications and experience set forth in support of their position. Such statements shall not exceed five paragraph (5c) typewritten pageshereof. If such a statement is not presented in written formthey are unable to agree, it shall then the mediator will be presented orally at selected by the beginning President of the mediation conferenceAAA.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 1 contract
Alternative Dispute Resolution. In recognition r ecognition of the partiest he par ties' commitment to reconcile co mmitment t o r econcile their differences in the least adversarial manner possiblepossi ble, and at the lowest possible organizational levelt he l owest possi ble or ganizational l evel, the VSEA and the State agree to S xxxx xx ree t o participate in grievance mediation, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules r ules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation f or m ediation by VSEA and State representatives.
(b) Unless otherwise agreed to in xx xxxx t o i n a particular grievancepar ticular g rievance, the t he mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list.list.
(c) The VSEA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list.
(d) A mediation shall m ediation sh all be scheduled within ten (sch eduled w ithin t en ( 10) working days w orking day s of the date t he dat e of agreement to mediate and all time-lines al l t imelines will be put on hold for that period h old f or t hat per iod of timet ime. If I f a mediation cannot m ediation ca nnot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more m ore than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties t he par ties are encouragedenco uraged, but not requiredr equired, to present the mediator t o pr esent t he m ediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned r eturned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall t he m ediator sh all be informal in naturei nformal i n xxx xxx. The T he presentation of evidence is not limited to that presented l imited t o t hat pr esented at any formal grievance proceduref ormal g rievance pr ocedure. The Rules T he R ules of Evidence E vidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is se ttlement i s reached at mediationm ediation, the parties t he par ties are free f ree to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement se ttlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision adv isory deci sion of the mediatort he m ediator, if accepted i f acce pted by the partiest he par ties, shall sh all not constitute a precedent, unless the parties otherwise agree.
(r) The parties par ties agree to share t o sh are any cost co st of the mediationt he m ediation, including the mileage i ncluding t he m ileage and prepr e-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, Except for certain limited exceptions and at the lowest possible organizational leveleven though this Agreement or any applicable Task Order has been terminated, the VSEA parties desire to resolve any disputes, controversies and the State agree claims related to participate in grievance mediationthis Agreement without litigation. Accordingly, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VSEA and State representatives.
(b) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list.
(c) The VSEA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list.
(d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines will be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement(I) injunctive relief or provisional remedies related to this Agreement, or (ii) a suit, action or proceeding to compel either party to comply with the dispute resolution procedures set forth herein, the parties agree to use the following alternative procedures as their sole remedy ("Arbitrable Dispute").
(k) The mediator will a. In the event of an Arbitrable Dispute, the parties attempt to reach a negotiated resolution by engaging in an executive escalation process as follows:
i. Either party may commence this executive escalation process by giving the other party written notice of its desire to do so.
ii. Each party shall promptly designate uninvolved representatives who have the binding authority to resolve the Arbitrable Dispute.
iii. Such representatives shall meet separately and attempt to agree upon a resolution of the Arbitrable Dispute.
iv. If the parties agree, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, shall be exempt from discovery and production, and shall not be admissible in the arbitration or any lawsuit related to this Agreement without consent of the parties. Documents identified in or provided related to these discussions and correspondence which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, may be admitted into evidence.
v. Unless the representatives agree otherwise, if the parties have not agreed upon a resolution within 30 days after the date notice is given under subsection (a)(I) above, then the executive escalation process shall be deemed to be completed.
b. If the Arbitrable Dispute is not resolved through the executive escalation process described above or the parties do not elect to invoke the executive escalation process, either party may notify the other party of its intention to submit an Arbitrable Dispute to arbitration, which notice shall include the name of an experienced arbitrator selected by such party. Within 10 days after the notice is served upon other party, that party may give notice to the first party either to allow the designated arbitrator to be the sole arbitrator or name a second experienced arbitrator. If a second experienced arbitrator is named, the 2 arbitrators shall designate a third experienced arbitrator. The arbitration shall be heard by the single arbitrator or the panel of 3 arbitrators, as the case may be (the "Arbitration Panel"). In the event the Arbitration Panel consists of 3 arbitrators the resolution of the dispute shall be determined by a majority vote of the Arbitration Panel. The Arbitrable Dispute shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect (the "Rules"). Each member of the Arbitration Panel must, for all Arbitrable Disputes regardless of the amount in controversy, meet the Panel Qualification Criteria for serving in AAA's Large, Complex Dispute Resolution Program. Any judgment upon the award rendered by the Arbitration Panel may be entered by any court of competent jurisdiction necessary to enforce the award. The place of the arbitration shall be Wilmington, Delaware. The Arbitration Panel shall control the scheduling so as to process the matter expeditiously. If there is any conflict between either the Rules and the terms of this Section, then the terms of this Section shall control.
c. Subject to subsection (h) hereof relating to tolling of time limitations, any claim by either party shall be time-barred unless the asserting party commences an escalation or arbitration proceeding with respect to such claim within the time limit for commencement of litigation specified by applicable law. In no event, however, shall such time limit be in excess of two years after the later of: a) the date the claim arises or b) the date upon which the asserting party knew or should have known about the existence of the claim.
d. With respect to any person or personsarbitration proceeding, but no discovery will be allowed, other than the production of documents, the responses to which must be received within 10 days after any written request and no later than 10 days prior to the arbitration hearing. All pretrial proceedings may be conducted by telephone conference.
e. All decisions and awards by the Arbitration Panel shall be in writing and shall include findings of fact, conclusions of law and the reasoning on which the decisions and award rests. The Arbitration Panel shall not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance award economic consequential damages or incidental or punitive damages. Notwithstanding anything provided in mediation this Agreement, neither party shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder in any way be prevented from or limited in recovering benefit of the grievance process.
(n) In bargain damages to the event that full extent provided by law, equity and/or statute. The Arbitration Panel shall have no power or authority to issue any determination except in accordance with this Section. The Arbitration Panel shall rule on the Arbitrable Dispute by issuing a grievance which was mediated subsequently goes to a grievance written opinion within 30 days after the final arbitration hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator The times specified in this Section may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by extended upon mutual agreement of the partiesparties or by the Arbitration Panel upon a showing of good cause.
f. The determination by the Arbitration Panel shall be final, binding and conclusive unless it either clearly factually or legally erroneous.
g. To the extent permitted by law, any determination or award made by the Arbitration Panel shall not be RES JUDICATA or have any binding effect in any unrelated litigation or arbitration in which any party to this Agreement may also be a party.
h. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the escalation and/or arbitration procedures specified in this Section are pending.
i. Unless otherwise determined by the Arbitration Panel, the parties shall equally share the fees and costs of the Arbitration Panel.
Appears in 1 contract
Alternative Dispute Resolution. In recognition of the parties' commitment to reconcile their differences in the least adversarial manner possible, Except for certain limited exceptions and at the lowest possible organizational leveleven though this Agreement or any applicable Task Order has been terminated, the VSEA parties desire to resolve any disputes, controversies and the State agree claims related to participate in grievance mediationthis Agreement without litigation. Accordingly, and to continue discussions relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term of this agreement:
(a) Mediation of a grievance will be scheduled on the basis of a joint request for mediation by VSEA and State representatives.
(b) Unless otherwise agreed to in a particular grievance, the mediator shall be the first available mediator on the list of trained mediators maintained by the Department of Human Resources. The parties may agree to remove or by-pass names from the list.
(c) The VSEA and the State shall agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes the prescribed training will be added to the mediator list.
(d) A mediation shall be scheduled within ten (10) working days of the date of agreement to mediate and all time-lines will be put on hold for that period of time. If a mediation cannot be scheduled within the ten (10) working day time period, the normal grievance procedure shall proceed.
(e) Mediation conferences will take place at an agreed upon place.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement(I) injunctive relief or provisional remedies related to this Agreement, or (ii) a suit, action or proceeding to compel either party to comply with the dispute resolution procedures set forth herein, the parties agree to use the following alternative *CONFIDENTIAL TREATMENT REQUESTED procedures as their sole remedy ("Arbitrable Dispute").
(k) The mediator will a. In the event of an Arbitrable Dispute, the parties attempt to reach a negotiated resolution by engaging in an executive escalation process as follows:
i. Either party may commence this executive escalation process by giving the other party written notice of its desire to do so.
ii. Each party shall promptly designate uninvolved representatives who have the binding authority to resolve the Arbitrable Dispute.
iii. Such representatives shall meet separately with and attempt to agree upon a resolution of the Arbitrable Dispute.
iv. If the parties agree, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, shall be exempt from discovery and production, and shall not be admissible in the arbitration or any person lawsuit related to this Agreement without consent of the parties. Documents identified in or personsprovided related to these discussions and correspondence which are not prepared for purposes of the negotiations, but will are not so exempted and may, if otherwise admissible, may be admitted into evidence.
v. Unless the representatives agree otherwise, if the parties have not agreed upon a resolution within 30 days after the authority date notice is given under subsection (a)(I) above, then the executive escalation process shall be deemed to compel be completed.
b. If the Arbitrable Dispute is not resolved through the executive escalation process described above or the parties do not elect to invoke the executive escalation process, either party may notify the other party of its intention to submit an Arbitrable Dispute to arbitration, which notice shall include the name of an experienced arbitrator selected by such party. Within 10 days after the notice is served upon other party, that party may give notice to the first party either to allow the designated arbitrator to be the sole arbitrator or name a second experienced arbitrator. If a second experienced arbitrator is named, the 2 arbitrators shall designate a third experienced arbitrator. The arbitration shall be heard by the single arbitrator or the panel of 3 arbitrators, as the case may be (the "Arbitration Panel"). In the event the Arbitration Panel consists of 3 arbitrators the resolution of the dispute shall be determined by a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder majority vote of the grievance process.
(n) In Arbitration Panel. The Arbitrable Dispute shall be conducted pursuant to the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in the mediation conference may be used against it in a later proceeding.
(o) If no settlement is reached during the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decision.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision Commercial Arbitration Rules of the mediator, if accepted by American Arbitration Association ("AAA") then in effect (the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost "Rules"). Each member of the mediationArbitration Panel must, including the mileage and pre-agreed expenses for all Arbitrable Disputes regardless of the mediatoramount in controversy, meet the Panel Qualification Criteria for serving in AAA's Large, Complex Dispute Resolution Program.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
Appears in 1 contract
Alternative Dispute Resolution. (a) No Party shall bring a civil action seeking enforcement of any other remedy founded on this Agreement without first complying with the terms set forth in this Section 15 however, any Party may seek injunctive relief to preserve the status quo pending the completion of mediation under this Agreement. In recognition the event that a Dispute arises relating to this Agreement that a Party believes cannot be resolved through negotiation, with the exception of the parties' commitment disputes related to reconcile their differences in the least adversarial manner possible, and at the lowest possible organizational levelSection 5.1 above, the VSEA and the State agree Parties shall attempt in good faith to participate in grievance mediation, and to continue discussions resolve any dispute ("DISPUTE") arising out of or relating to other processes which will facilitate the goal of positive labor relations. The following are the agreed upon rules for mediation of grievances and other disputes during the term breach, termination or validity of this agreementAgreement, as follows:
(ai) Mediation of a grievance will be scheduled on the basis of a joint request for Either Party may demand mediation by VSEA and State representativesnotifying the other Party in writing. Within seven (7) days of receipt of the notification by the receiving Party, the Parties shall mutually agree upon a Mediator. The Party demanding the mediation shall notify the Mediator in writing with a copy to the other Party. The notification will state with specificity the nature of the Dispute. The parties shall equally share the fees of the Mediator.
(bii) Unless otherwise agreed to in a particular grievanceUpon receipt of the mediation demand, the mediator Mediator will immediately convene a pre-meditation telephone conference of those parties it believes are involved in the Dispute. All representatives shall be the first make themselves available mediator on the list for such a conference within two (2) business days of trained mediators maintained being contracted by the Department of Human Resources. The parties may agree to remove or by-pass names from the listMediator.
(c) The VSEA and During the State shall pre-mediation telephone conference, the Parties will agree to a list of volunteers to be trained as grievance mediators. Each approved volunteer who successfully completes on mediation procedures, or in the prescribed training event they cannot agree, the Mediator will be added to the mediator listset mediation procedures.
(d) A The mediation shall procedures will provide for the mediation to be scheduled completed within ten thirty (1030) working business days of the date of agreement initial demand for mediation. All interested Parties will participate in good faith in the mediation, and will make best efforts to mediate and all time-lines will be put on hold for that period of time. If reach a mediation cannot be scheduled resolution within the ten (10) working 30-day time period. In particular, each interested Party will make available in a timely fashion a representative with authority to resolve the normal grievance procedure shall proceeddispute.
(e) Mediation conferences will take place at an agreed upon placeIn the event that the dispute has not been resolved within thirty (30) business days after the mediation, the mediation may continue if interested Parties so desire.
(f) The grievant will have the right to be present at the mediation conference.
(g) Each party shall have no more than two (2) representatives present, in addition to the grievant, at any mediation, unless otherwise agreed.
(h) The representatives of the parties are encouraged, but not required, to present the mediator with a brief written statement of the facts, the issues, and the arguments in support of their position. Such statements shall not exceed five (5) typewritten pages. If such a statement is not presented in written form, it shall be presented orally at the beginning of the mediation conference.
(i) Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation process.
(j) Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at any formal grievance procedure. The Rules of Evidence will not apply, and no record of the mediation conference shall be made except in the case of settlement.
(k) The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.
(l) The resolution of a grievance in mediation shall not constitute a precedent unless the parties otherwise agree.
(m) If no settlement is reached at mediation, the parties are free to pursue the remainder of the grievance process.
(n) In the event that a grievance which was mediated subsequently goes to a grievance hearing, no mediator may serve as witness or advocate. Nothing said or done by the mediator may be referred to in subsequent proceedings, or before the Vermont Labor Relations Board. Nothing said or done by another party in hat the mediation conference may be used against it in continues beyond thirty (30) days, but is not resolved within what the Mediator believes is a later proceeding.
(o) If no settlement is reached during reasonable time thereafter, the Mediator will so notify the Parties, and declare the mediation conference, and if both parties so request, the mediator shall provide them with an immediate oral advisory decisionterminated.
(p) The mediator shall state the rationale for the advisory decision.
(q) The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree.
(r) The parties agree to share any cost of the mediation, including the mileage and pre-agreed expenses of the mediator.
(s) The mediation will not take more than one (1) day, except by mutual agreement of the parties.
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Samples: Home Director Service Agreement (Home Director Inc)
