Consensual Mediation-Arbitration Sample Clauses

Consensual Mediation-Arbitration. If the parties mutually agree, the provisions of Section 105 of the Labour Relations Code (Consensual mediation-arbitration) may be invoked instead of the arbitration process contained in this article.
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Consensual Mediation-Arbitration. The parties may agree to refer a grievance to mediation-arbitration per the terms of Section 105 of the Labour Relations Code.
Consensual Mediation-Arbitration. If both parties agree, one or more grievances may be referred to a single mediator- arbitrator subject to the provisions of section 50 of the Labour Relations Act.
Consensual Mediation-Arbitration. The Parties may mutually agree to submit a grievance to an officer under Section 105 of the Labour Relations Code as an alternative to the arbitration procedure contained in this Agreement. It is also agreed that the Director will be asked to appoint a mediator from Article 9.2.
Consensual Mediation-Arbitration. The parties may, within thirty (30) days of a decision at the final step of the Grievance Procedure, mutually agree to refer one or more grievances under the collective agreement to a single Mediator-Arbitrator for the purpose of resolving the grievances in an expeditious and informal manner pursuant to Section 105 of the BC Labour Relations Code. The parties must not refer a grievance to a mediator- arbitrator unless they have agreed on the nature of any issues in dispute. A Mediator-Arbitrator must begin proceedings within twenty-eight (28) days after being appointed and must endeavour to assist the parties to settle the grievance by mediation. If the parties are unable to settle the grievance by mediation, the Mediator-Arbitrator must endeavour to assist the parties to agree on the material facts in dispute and then must determine the grievance by arbitration. The Mediator-Arbitrator must give a succinct decision within twenty-one (21) days after completing proceedings on the grievance submitted to arbitration.

Related to Consensual Mediation-Arbitration

  • Arbitration Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the English language and will occur in Los Angeles County, California. Any arbitration will be in front of a single arbitrator, unless (i) ICANN is seeking punitive or exemplary damages, or operational sanctions, (ii) the parties agree in writing to a greater number of arbitrators, or (iii) the dispute arises under Section 7.6 or 7.7. In the case of clauses (i), (ii) or (iii) in the preceding sentence, the arbitration will be in front of three arbitrators with each party selecting one arbitrator and the two selected arbitrators selecting the third arbitrator. In order to expedite the arbitration and limit its cost, the arbitrator(s) shall establish page limits for the parties’ filings in conjunction with the arbitration, and should the arbitrator(s) determine that a hearing is necessary, the hearing shall be limited to one (1) calendar day, provided that in any arbitration in which ICANN is seeking punitive or exemplary damages, or operational sanctions, the hearing may be extended for one (1) additional calendar day if agreed upon by the parties or ordered by the arbitrator(s) based on the arbitrator(s) independent determination or the reasonable request of one of the parties thereto. The prevailing party in the arbitration will have the right to recover its costs and reasonable attorneys’ fees, which the arbitrator(s) shall include in the awards. In the event the arbitrators determine that Registry Operator has been repeatedly and willfully in fundamental and material breach of its obligations set forth in Article 2, Article 6 or Section 5.4 of this Agreement, ICANN may request the arbitrators award punitive or exemplary damages, or operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations). Each party shall treat information received from the other party pursuant to the arbitration that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. In any litigation involving ICANN concerning this Agreement, jurisdiction and exclusive venue for such litigation will be in a court located in Los Angeles County, California; however, the parties will also have the right to enforce a judgment of such a court in any court of competent jurisdiction.

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