Dispute Resolution Process. 20.1 If a dispute arises out of, under or in connection with this Agreement, the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, of the following: (a) The nature of the complaint; (b) That the Complainant wishes the complaint to be dealt with in accordance with this clause 20; and (c) The outcome the Complainant wants. 20.2 Regardless of whether Coles is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1) will be responsible for managing the complaint and any notice pursuant to this clause 20 should a complaint be directed to them. 20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating: (a) That notice of the complaint has been received. (b) The steps to be taken to deal with the complaint. 20.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith. 20.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3: (a) Either party may take action to have the complaint resolved by mediation; or (b) the parties may agree, in writing, that the complaint is to be resolved by arbitration. 20.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation. (a) The party must request the Mediation Adviser to appoint a mediator for the dispute. (b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute: i. Is frivolous or vexatious; or ii. Has previously been the subject of another mediation. (c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed. (d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code. 20.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitration. (a) The parties must request the Arbitration Adviser to appoint an arbitrator for the dispute. (b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code. 20.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable). 20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued. 20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including: (a) There will be no costs for raising a complaint with the Complaint Handling Officer; (b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and (c) Reasonable costs incurred by the Farmer insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-party costs.
Appears in 7 contracts
Samples: Milk Purchase Agreement, Milk Purchase Agreement, Milk Purchase Agreement
Dispute Resolution Process.
20.1 If a dispute arises out of, under or in connection with this Agreement, the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, of the following:
(a) The nature of the complaint;
(b) That the Complainant wishes the complaint to be dealt with in accordance with this clause 20; and
(c) The outcome the Complainant wants.
20.2 Regardless of whether Coles is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1Part D) will be responsible for managing the complaint and any notice pursuant to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been received.;
(b) The steps to be taken to deal with the complaint.
20.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith.
20.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3:
(a) Either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject of another mediation.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitration.
(a) The parties must request the Arbitration Adviser to appoint an arbitrator for the dispute.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable).
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer Xxxxxx insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-third- party costs.
Appears in 4 contracts
Samples: Milk Purchase Agreement, Milk Purchase Agreement, Milk Purchase Agreement
Dispute Resolution Process. 20.1 If a dispute arises out of, under or in connection with this Agreement, the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, of the following:
(a) The nature of the complaint;
(b) That the Complainant wishes the complaint to be dealt with in accordance with this clause 20; and
(c) The outcome the Complainant wants.
20.2 Regardless of whether Coles is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1Part D) will be responsible for managing the complaint and any notice pursuant to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been received.;
(b) The steps to be taken to deal with the complaint.
20.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith.
20.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3:
(a) Either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject of another mediation.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitration.
(a) The parties must request the Arbitration Adviser to appoint an arbitrator for the dispute.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable).
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer Xxxxxx insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-third- party costs.
Appears in 4 contracts
Samples: Milk Purchase Agreement, Milk Purchase Agreement, Milk Purchase Agreement
Dispute Resolution Process. 20.1 If a dispute arises out of, under The parties agree that disputes that arise regarding the interpretation or in connection with application of this Agreement, the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, agreement that are unresolved at Stage 1 of the following:
(a) The nature of the complaint;
(b) That the Complainant wishes the complaint to be dealt with in accordance with this clause 20; and
(c) The outcome the Complainant wants.
20.2 Regardless of whether Coles is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1) grievance process will be responsible for managing the complaint and any notice pursuant to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been received.
(b) The steps to be taken to deal with the complaint.
20.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith.
20.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3:
(a) Either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject of another mediation.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitrationproceed as follows.
(a) The parties must request agree to waive Stage 2 of the Arbitration Adviser to appoint an arbitrator for the disputegrievance process.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing union agrees to the Respondent and the mediator assign one (if applicable).
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a1) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement mem ber of the mediator or arbitrator and any associated administrative work; andM.E.R.C. as a Dispute Resolution representative to deal with grievances under this agreement. The Employer shall also assign a management employee to deal with grievances under this agreement.
(c) Reasonable costs incurred The grievor/union and the employer m ust set out all particulars related to the grievance in writing and provide to the identified Dispute Resolution representative within seven (7) calendar days of the filing of the grievance.
(d) The representatives agree to meet with the affected parties within seven (7) calendar days of receipt of the written details of the grievance.
(e) If the meeting fails to produce a resolution to the grievance, satisfactory to all involved parties, the complainant has seven (7) calendar days to request mediation-arbitration and advise the other party.
(f) If the issue is referred to arbitration, the parties agree to prepare a Statement of Fact identifying the issue(s) in dispute within seven (7) calendar days.
(g) A sole mediator-arbitrator will be assigned the dispute from a list of three (3) mediator-arbitrators mutually agreed upon by the Farmer insofar as they relate parties. The parties will exchange names of mediator-arbitrators and agree on a list of at least (3) mediator-arbitrators no later than thirty (30) days after the date of this agreement. Selection will be based on a rotational basis dependent upon the availability of the m ediator- arbitrator to engaging with hear the mediator issue within twenty-one (21) days of notification and to respond within fourteen (14) days of the hearing.
(h) The arbitrator will be a “mediator/arbitrator” and must first engage the parties in mediation efforts before m aking a final and binding decision, if necessary. Any mediation must occur within the twenty- one (21) days following notification of the grievance to the “mediator- arbitrator”.
(I) The Mediator-Arbitrator will not have the authority to add to, modify or arbitrator, including travel to and from a particular place, excluding delete any associated third-party costspart of this Agreement.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Dispute Resolution Process. 20.1 3.29.1. The Parties have agreed to use the dispute resolution process set out herein to resolve any issues arising between them under the terms of this Agreement. However, the Parties agree that the dispute resolution process prescribed in this article does not limit, affect, modify, or alter any rights and remedies of the Parties to Terminate this Agreement.
3.29.2. Dispute Resolution by Rectification Notice
3.29.2.1. The Parties agree that when a Party fails to comply with any of its obligations under the Agreement (a "Defaulting Party"), the Party not in default (a "Non-Defaulting Party") may deliver a written rectification Notice (a "Rectification Notice") setting out the manner and time frame for rectification. Within seven (7) Business Days of receipt of the Rectification Notice, the Defaulting Party shall either:
3.29.2.1.1. comply with the terms of the Rectification Notice; or 3.29.2.1.2. deliver a satisfactory rectification plan (a "Rectification Plan") to the Non-Defaulting Party.
3.29.3. Dispute Resolution by Formal Discussion
3.29.3.1. If a dispute arises out of, under or in connection with this Agreement, the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, of the following:
Defaulting Party fails to either (a) The nature of the complaint;
comply with a Rectification Notice or (b) That the Complainant wishes the complaint to be dealt with in accordance with this clause 20; and
(c) The outcome the Complainant wants.
20.2 Regardless of whether Coles is the Complainant or Respondentdeliver a satisfactory Rectification Plan, the Complaint Handling Officer (email listed in Schedule 1) will be responsible for managing the complaint and any notice pursuant to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been received.
(b) The steps to be taken to deal with the complaint.
20.4 Once the complaint has been received, the parties should Parties shall attempt to resolve the dispute through discussion identified in good faiththe Rectification Notice by means of a Formal Discussion within ten (10) Business Days after receipt of a Notice of the Defaulting Party's failure to comply with a Rectification Notice or to provide a satisfactory Rectification Plan.
20.5 3.29.4. Dispute Resolution by Mediation
3.29.4.1. If the complaint is Formal Discussion fails to resolve some or all of the issues in dispute identified in the Rectification Notice, the Parties shall attempt to resolve all or the remaining issues in the dispute through mediation. If the Parties do not resolved within 60 days after resolve all or the acknowledgement was given remaining issues in dispute through mediation, then either Party may pursue resolution through legal means.
3.29.5. Performance during Dispute Resolution
3.29.5.1. Subject to the Complainant pursuant terms and conditions of this Agreement, unless requested or otherwise agreed to clause 20.3:
(a) Either party may take action to have by DNSSAB, the complaint resolved by mediation; or
(b) Service Provider shall not stop or suspend the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) performance of the Dairy Industry Code, Services hereof pending the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise resolution of any dispute. At any time prior to the resolution of a dispute:
i. Is frivolous or vexatious; or
ii. Has previously been , DNSSAB may provide a written direction to the subject Service Provider as to the manner by which it shall deliver Services pending resolution of another mediation.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitration.
(a) The parties must request the Arbitration Adviser to appoint an arbitrator for the dispute.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable)Service Provider shall proceed as directed.
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-party costs.
Appears in 3 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Dispute Resolution Process. 20.1 If a dispute arises out of, under The parties agree that disputes that arise regarding the interpretation or in connection with application of this Agreement, the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, agreement that are unresolved at Stage 1 of the following:
(a) The nature of the complaint;
(b) That the Complainant wishes the complaint to be dealt with in accordance with this clause 20; and
(c) The outcome the Complainant wants.
20.2 Regardless of whether Coles is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1) grievance process will be responsible for managing the complaint and any notice pursuant to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been received.
(b) The steps to be taken to deal with the complaint.
20.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith.
20.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3:
(a) Either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject of another mediation.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitrationproceed as follows.
(a) The parties must request agree to waive Stage 2 of the Arbitration Adviser to appoint an arbitrator for the disputegrievance process.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing union agrees to the Respondent and the mediator assign one (if applicable).
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a1) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement member of the mediator or arbitrator and any associated administrative work; andM.E.R.C. as a Dispute Resolution representative to deal with grievances under this agreement. The Employer shall also assign a management employee to deal with grievances under this agreement.
(c) Reasonable costs incurred The grievor/union and the employer must set out all particulars related to the grievance in writing and provide to the identified Dispute Resolution representative within seven (7) calendar days of the filing of the grievance.
(d) The representatives agree to meet with the affected parties within seven (7) calendar days of receipt of the written details of the grievance.
(e) If the meeting fails to produce a resolution to the grievance, satisfactory to all involved parties, the complainant has seven (7) calendar days to request mediation-arbitration and advise the other party.
(f) If the issue is referred to arbitration, the parties agree to prepare a Statement of Fact identifying the issue(s) in dispute within seven (7) calendar days.
(g) A sole mediator-arbitrator will be assigned the dispute from a list of three (3) mediator-arbitrators mutually agreed upon by the Farmer insofar as they relate parties. The parties will exchange names of mediator-arbitrators and agree on a list of at least (3) mediator-arbitrators no later than thirty (30) days after the date of this agreement. Selection will be based on a rotational basis dependent upon the availability of the mediator- arbitrator to engaging with hear the mediator issue within twenty-one (21) days of notification and to respond within fourteen (14) days of the hearing.
(h) The arbitrator will be a “mediator/arbitrator” and must first engage the parties in mediation efforts before making a final and binding decision, if necessary. Any mediation must occur within the twenty- one (21) days following notification of the grievance to the “mediator- arbitrator”.
(I) The Mediator-Arbitrator will not have the authority to add to, modify or arbitrator, including travel to and from a particular place, excluding delete any associated third-party costspart of this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Dispute Resolution Process. 20.1 19.1 If a dispute arises out of, under or in connection with this Agreement, the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, of the following:
(a) The nature of the complaint;
(b) That the Complainant wishes the complaint to be dealt with in accordance with this clause 2019; and
(c) The outcome the Complainant wants.
20.2 19.2 Regardless of whether Coles is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1) will be responsible for managing the complaint and any notice pursuant to this clause 20 19 should a complaint be directed to them.
20.3 19.3 Within 5 working days of receiving the complaint under clause 20.119.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been received.;
(b) The steps to be taken to deal with the complaint.
20.4 19.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith.
20.5 19.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.319.3:
(a) Either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 19.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject of another mediation.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 19.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitration.
(a) The parties must request the Arbitration Adviser to appoint an arbitrator for the dispute.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 19.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable).
20.9 19.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 19.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 2019, including:
(a) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-party costs.
Appears in 2 contracts
Dispute Resolution Process. 20.1 25.1 If a dispute arises out of, under or in connection with this Agreementagreement, the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, of the following:
(a) The the nature of the complaint;
(b) That that the Complainant wishes the complaint to be dealt with in accordance with this clause 2025; and
(c) The the outcome the Complainant wants.
20.2 25.2 Regardless of whether Coles XxxXxxx is the Complainant or Respondent, the Complaint Handling Officer (email listed whose contact details are at Item 6 in Schedule 1the key terms) will be responsible for managing the complaint and any notice pursuant to this clause 20 25 should a complaint be directed to them.
20.3 25.3 Within 5 working days of receiving the complaint under this clause 20.125, the Respondent must give written acknowledgment to the Complainant stating:
(a) That that notice of the complaint has been received.; and
(b) The the steps to be taken to deal with the complaint.
20.4 25.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith.
20.5 25.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3:25.3(a):
(a) Either either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 25.6 The following sections apply in the event a party to this Agreement agreement wishes to have a dispute resolved by mediation.:
(a) The the party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser Mediation Adviser is satisfied that the complaint giving rise to the dispute:
i. Is is frivolous or vexatious; or
ii. Has has previously been the subject of another mediation.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The the mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 25.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitration.:
(a) The the parties must request the Arbitration Adviser to appoint an arbitrator for the dispute.
(b) The the arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 25.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable).
20.9 25.9 Neither party will resort to litigation unless the processes in this clause 25 have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 25.10 In regard to costs, Coles unless otherwise agreed by both parties in writing, each party will pay:
a) half the costs (if any) of the mediation or arbitration (and reasonable costs associated with the conduct of the arbitration or mediation); but
b) will pay for all reasonable their own costs incurred for a dispute raised in accordance with this clause 20, including:
(a) There will be no costs for raising a complaint with of attending the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator mediation or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-party costsarbitration.
Appears in 1 contract
Samples: Non Exclusive Milk Supply Agreement
Dispute Resolution Process. 20.1 If (a) Subject to this clause 21.1, a party claiming that a dispute arises or disagreement has arisen out of, under or in connection with this Agreementwith, the party raising Agreement (Dispute) will, within 5 Business Days of the issue (the Complainant) must notify Dispute arising, give written notice to the other party (the Respondent) in writing, providing particulars of the following:
Dispute (aNotice of Dispute) The nature and designating which of its Authorised Officers has authority to settle the complaint;
(b) That the Complainant wishes the complaint to be dealt with in accordance with this clause 20; and
(c) The outcome the Complainant wants.
20.2 Regardless of whether Coles is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1) will be responsible for managing the complaint and any notice pursuant to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been receivedDispute.
(b) The steps to be taken to deal Parties must, at such location as agreed between the Parties in writing within 5 Business Days of receipt of the Notice of Dispute in accordance with the complaint.
20.4 Once the complaint has been receivedsubclause 21.1(a), the parties should attempt seek to resolve the dispute through discussion in good faith.
20.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3:
(a) Either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject of another mediationDispute amicably.
(c) In If the Dispute has not been resolved within 10 Business Days (or such other time as mutually agreed between the parties) of receipt of the Notice of Dispute in accordance with section 48(3) of the Dairy Industry Codesubclause 21.1(a), the Mediator Advisor must give Parties agree to refer the parties dispute to mediation administrated by a mediator recommended and accredited by Resolution Institute (or its successor in title, as the dispute, case may be) in writing, details of the mediator appointedaccordance with its professional mediation rules.
(d) The mediation must otherwise be conducted If the Dispute has not been resolved within 20 Business Days of receipt of the Notice of Dispute in accordance with subclause 21.1(a)then (on the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event basis that the parties agree exhaustion of the dispute resolution process set out in this clause 21.1 is a condition precedent to have a dispute resolved by arbitrationthe right of either party to commence court proceedings in relation to the Dispute) the party who first served the Notice of Dispute may commence litigation.
(ae) Any mediation discussions and proceedings undertaken in accordance with clause 21.1 constitute Confidential Information and must take place in Brisbane, Australia (or such other location as the Parties may agree between themselves in writing).
(f) The parties must request agree that the Arbitration Adviser mediator’s fee shall be split equally between the parties and that each party shall be responsible for its costs, legal and otherwise, in relation to appoint an arbitrator for the disputemediation.
(bg) The arbitration must otherwise be conducted in accordance with No party shall commence legal proceedings without first undergoing the process outlined noted in the Dairy Industry Codeclause 21.1(a)-(f) above.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable).
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-party costs.
Appears in 1 contract
Samples: Common Business Terms
Dispute Resolution Process. 20.1 If Disputes arising from any of the conditions in section 9.c of this contract shall be resolved using the following process.
1.) Within 15 days of the CSB’s identification or receipt of a dispute arises out of, under disputable action taken by the Department or in connection with this Agreementof the Department’s identification or receipt of a disputable action taken by the CSB, the party raising seeking resolution of the issue (dispute shall submit a written notice to the ComplainantDepartment’s Director of Community Contracting, stating its desire to use the dispute resolution process. The written notice must describe the condition, nature, and details of the dispute and the relief sought by the party.
2.) must The Director of Community Contracting shall review the written notice and determine if the dispute falls within the conditions listed in section 9.c. If it does not, the Director of Community Contracting shall notify the other party (the Respondent) in writing, writing within seven days of receipt of the following:written notice that the dispute is not subject to this dispute resolution process. The party may appeal this determination to the Commissioner in writing within seven days of its receipt of the Director’s written notification.
(a3.) If the dispute falls within the conditions listed in section 9.c, the Director of Community Contracting shall notify the party within seven days of receipt of the written notice that a panel will be appointed within 15 days to conduct an administrative hearing.
4.) Within 15 days of notification to the party, a panel of three or five disinterested persons shall be appointed to hear the dispute. The CSB shall appoint one or two members; the Commissioner shall appoint one or two members; and the appointed members shall appoint the third or fifth member. Each panel member will be informed of the nature of the complaint;dispute and be required to sign a statement indicating that he has no interest in the dispute. Any person with an interest in the dispute shall be relieved of panel responsibilities and another person shall be selected as a panel member.
5.) The Director of Community Contracting will contact the parties by telephone and arrange for a panel hearing at a mutually convenient time, date, and place. The panel hearing shall be scheduled not more than 15 days after the appointment of panel members. Confirmation of the time, date, and place of the hearing will be communicated to all parties at least seven days in advance of the hearing.
6.) The panel members shall elect a chairman and the chairman shall convene the panel. The party requesting the panel hearing shall present evidence first, followed by the presentation of the other party. The burden shall be on the party requesting the panel hearing to establish that the disputed decision or action was incorrect and to present the basis in law, regulation, or policy for its assertion. The panel may hear rebuttal evidence after the initial presentations by the CSB and the Department. The panel may question either party in order to obtain a clear understanding of the facts.
7.) Subject to provisions of the Freedom of Information Act, the panel shall convene in closed session at the end of the hearing and shall issue written recommended findings of fact within seven days of the hearing. The recommended findings of fact shall be submitted to the Commissioner for a final decision.
8.) The findings of fact shall be final and conclusive and shall not be set aside by the Commissioner unless they are (b1) That fraudulent, arbitrary, or capricious; (2) so grossly erroneous as to imply bad faith; (3) in the Complainant wishes case of termination of the complaint contract due to failure to perform, the criteria for performance measurement are found to be dealt with in accordance with this clause 20erroneous, arbitrary, or capricious; andor (4) not within the CSB’s purview.
(c9.) The outcome the Complainant wants.
20.2 Regardless of whether Coles is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1) will final decision shall be responsible for managing the complaint and any notice pursuant sent by certified mail to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been received.
(b) The steps to be taken to deal with the complaint.
20.4 Once the complaint has been received, the both parties should attempt to resolve the dispute through discussion in good faith.
20.5 If the complaint is not resolved within no later than 60 days after receipt of the acknowledgement was given to written notice from the Complainant pursuant to clause 20.3:
(a) Either party may take action to have invoking the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitrationdispute resolution process.
20.6 10.) Multiple appeal notices shall be handled independently and sequentially so that an initial appeal will not be delayed by a second appeal.
11.) The following sections apply CSB or the Department may seek judicial review of the final decision as provided in § 2.2-4365 of the Code of Virginia in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator Circuit Court for the dispute.
(b) In accordance with section 48(3) City of Richmond within 30 days of receipt of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject of another mediationfinal decision.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitration.
(a) The parties must request the Arbitration Adviser to appoint an arbitrator for the dispute.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable).
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-party costs.
Appears in 1 contract
Dispute Resolution Process. 20.1 If a In an effort to promote the highest quality working relationship, the Parties agree that the following steps will be responsively and openly pursued in an effort to resolve any dispute arises out of, under or in connection with arising out of this AgreementAgreement (each, a “Dispute”) before resorting to litigation (except as may be necessary to preserve any rights or the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, of the following:status quo): 302093599 v11
(a) The nature All Disputes will be made in a written notice by Contractor or Owner to Owner’s Project Manager or Contractor’s Project Manager, respectively, initiating the process set forth herein (the “Dispute Engagement Notice”). Promptly after receipt of the complaint;
(b) That Dispute Engagement Notice, both Parties shall discuss the Complainant wishes issues, present reasonably requested documentation and attempt to reach a settlement that is agreeable to both Parties. As part of the complaint to be dealt with in accordance with this clause 20; and
(c) The outcome the Complainant wants.
20.2 Regardless of whether Coles is the Complainant or RespondentDispute Engagement Notice, the Complaint Handling Officer (email listed in Schedule 1) Party initiating the dispute resolution process will be responsible for managing submit a summary of the complaint and any notice pursuant to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1issues, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice requesting Party’s position and a summary of the complaint has been receivedevidence and arguments supporting its position.
(b) The steps to be taken to deal with the complaint.
20.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith.
20.5 If the complaint is Dispute cannot resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3:
(a) Either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 The following sections apply the Parties as provided in the event a party to this Agreement wishes to have a dispute resolved by mediation.
Section 25.1(a) within fifteen (a15) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) Business Days after receipt of the Dairy Industry CodeDispute Engagement Notice, or such later date as the Parties may agree in writing to permit all requested facts to be known and presented to the above personnel, the Mediation Adviser must appoint Dispute shall be escalated to an executive of each Party who has authority to settle the Dispute and who are at a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject higher level of another mediationmanagement than such Party’s representative set forth in Section 25.1(a).
(c) In accordance with section 48(3If the Dispute cannot be resolved by the Parties as provided in Section 25.1(b) within fifteen (15) Business Days after referral of the Dairy Industry CodeDispute as provided therein (or such other period agreed to by both Parties in writing), the Mediator Advisor must give the parties then either Party may pursue any rights or remedies available at law or in equity through judicial relief or, if and as agreed to the dispute, by both Parties in writing, details non-judicial relief through an alternative dispute resolution process. The Parties agree that any discussions and negotiations related to any proposed settlement of the mediator appointed.
(d) The mediation must otherwise any Dispute may not be conducted introduced into evidence by either Party in accordance with the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event that the parties agree to have a any judicial action or non-judicial alternative dispute resolved by arbitration.
(a) The parties must request the Arbitration Adviser to appoint an arbitrator for the dispute.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable).
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable resolution forum used to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursuedsuch Dispute.
20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-party costs.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement (Progress Energy Inc)
Dispute Resolution Process. 20.1 If a dispute arises out of, under or in connection with this Agreement, the party raising the issue (the Complainant) must notify the other party (the Respondent) in writing, of the following:
(a) The nature of the complaint;
(b) That the Complainant wishes the complaint to be dealt with in accordance with this clause 20; and
(c) The outcome the Complainant wants.
20.2 Regardless of whether Coles Xxxxx is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1) will be responsible for managing the complaint and any notice pursuant to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been received.
(b) The steps to be taken to deal with the complaint.
20.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith.
20.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3:
(a) Either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject of another mediation.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitration.
(a) The parties must request the Arbitration Adviser to appoint an arbitrator for the dispute.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable).
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 In regard to costs, Coles Xxxxx will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-party costs.
Appears in 1 contract
Samples: Milk Purchase Agreement
Dispute Resolution Process. 20.1 If For the purpose of the following dispute process, it is recognised that the involvement of an Employee or Employer representative, including, but not limited to, a union representative, is on the basis of the Employees affected or Employer having requested the involvement of such representative.
4.3.1 The parties agree that observance of a dispute arises out ofsettling procedure increases efficiency and to this end the parties agree to the following: A procedure involving up to two (2) stages of discussion shall apply. These are:
4.3.1.1 Discussions between the Employee(s) concerned and their immediate supervisor(s).
4.3.1.2 Discussions involving the Employee(s) and more senior management. Nothing in this subclause precludes an Employee from being represented by an appropriate Employee representative if requested by the Employee.
4.3.2 The earliest possible advice must occur between parties of any issue or problem that may give rise to a grievance or dispute.
4.3.3 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.
4.3.4 Sensible time limits must be allowed for the completion of the various stages of the discussions. At least seven (7) days should be allowed for the total completion of all stages of the discussion to be finalised.
4.3.5 Where agreed between the Parties, under the dispute matter may be referred to mediation if it cannot be resolved at the workplace level. Each Party will bear their own mediation costs.
4.3.6 Emphasis is to be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the Parties may jointly or individually refer the matter to the Commission for assistance in connection with resolving the dispute by conciliation or, where agreed by the Parties, by arbitration pursuant to the provisions of the Act.
4.3.7 Where a major change that significantly affects Employee(s)’ terms or conditions of employment is in dispute and is conciliated by the Commission, only if the Commission issues a written Statement that states that there is a clear case to answer, may the matter be referred to the Commission for arbitration pursuant to the provisions of the Act. Provided that, prior to any arbitration proceeding, the Consultative Committee will meet to discuss the Commission's Statement to try and resolve the dispute. This subclause does not apply in relation to the conduct of the process arrangements of performance management prescribed at Clause 3.5 of this Agreement.
4.3.8 While the above procedure is being followed, work shall continue normally in accordance with safe working practices and consistent with established custom and practice at the workplace. No party raising shall be prejudiced as to final settlement by the issue (the Complainant) must notify the other party (the Respondent) in writing, continuance of the following:
(a) The nature of the complaint;
(b) That the Complainant wishes the complaint to be dealt with work in accordance with this clause 20; and
(c) The outcome the Complainant wantssub- clause.
20.2 Regardless of whether Coles is the Complainant or Respondent, the Complaint Handling Officer (email listed in Schedule 1) will be responsible for managing the complaint and any notice pursuant to this clause 20 should a complaint be directed to them.
20.3 Within 5 working days of receiving the complaint under clause 20.1, the Respondent must give written acknowledgment to the Complainant stating:
(a) That notice of the complaint has been received.
(b) The steps to be taken to deal with the complaint.
20.4 Once the complaint has been received, the parties should attempt to resolve the dispute through discussion in good faith.
20.5 If the complaint is not resolved within 60 days after the acknowledgement was given to the Complainant pursuant to clause 20.3:
(a) Either party may take action to have the complaint resolved by mediation; or
(b) the parties may agree, in writing, that the complaint is to be resolved by arbitration.
20.6 The following sections apply in the event a party to this Agreement wishes to have a dispute resolved by mediation.
(a) The party must request the Mediation Adviser to appoint a mediator for the dispute.
(b) In accordance with section 48(3) of the Dairy Industry Code, the Mediation Adviser must appoint a mediator within 14 days unless the mediation adviser is satisfied that the complaint giving rise to the dispute:
i. Is frivolous or vexatious; or
ii. Has previously been the subject of another mediation.
(c) In accordance with section 48(3) of the Dairy Industry Code, the Mediator Advisor must give the parties to the dispute, in writing, details of the mediator appointed.
(d) The mediation must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.7 The following sections apply in the event that the parties agree to have a dispute resolved by arbitration.
(a) The parties must request the Arbitration Adviser to appoint an arbitrator for the dispute.
(b) The arbitration must otherwise be conducted in accordance with the process outlined in the Dairy Industry Code.
20.8 The Complainant may, at any time, withdraw the complaint by notice in writing to the Respondent and the mediator (if applicable).
20.9 Neither party will resort to litigation unless the processes in this clause have been followed and, after reasonable negotiation and discussion, either party reasonably believes that it will be unable to resolve the dispute satisfactorily, or that its resolution would be faster if litigation was pursued.
20.10 In regard to costs, Coles will pay for all reasonable costs incurred for a dispute raised in accordance with this clause 20, including:
(a) There will be no costs for raising a complaint with the Complaint Handling Officer;
(b) Reasonable costs for the engagement of the mediator or arbitrator and any associated administrative work; and
(c) Reasonable costs incurred by the Farmer insofar as they relate to engaging with the mediator or arbitrator, including travel to and from a particular place, excluding any associated third-party costs.
Appears in 1 contract
Samples: Collective Workplace Agreement