Expedited Mediation Clause Samples
The Expedited Mediation clause establishes a process for quickly resolving disputes between parties through mediation. Typically, it sets strict timelines for initiating and completing the mediation process, often requiring parties to select a mediator and begin discussions within a short period after a dispute arises. This clause is designed to minimize delays and legal costs by encouraging prompt, good-faith efforts to settle disagreements before resorting to litigation or arbitration.
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Expedited Mediation. If the Initial Review and Evaluation Meeting does not resolve the claim, then within five (5) business days following the Initial Review and Evaluation Meeting the proponent of the claim shall send a list of four recognized mediators to the other party. Within five (5) business days of receipt of the list, the other party shall then either:
(1) select a mediator from the list and notify the proponent of the claim of the selection of a mediator; or (2) if none of the proposed mediators are acceptable, then that party shall send an alternative list of four recognized mediators to the proponent of the claim. Within five within (5) business days of recipt of the alternative list, the proponent shall either: (1) select a mediator; or (2) if none of the mediators listed are acceptable, then notify the other party of that fact. If the foregoing process does not result in the selection of a mediator, then the mediation requirement of this paragraph shall not be required and the parties will proceed to the process set forth in paragraph C of Section 30 hereof.
Expedited Mediation. Because it will be in the parties’ interest to resolve any disputes as quickly as possible, the City and the Committee shall agree to a procedure whereby any mediation will be resolved in no more than one week from the time the dispute arises. A list of acceptable mediators will be identified and agreed upon by the Parties prior to award of the construction contract.
Expedited Mediation.
(a) Any disputes agreed by both parties to be suitable for mediation where the first attempt to resolve the matter will be through the mediation process. If successful, the dispute will be considered resolved. Where mediation is not successful, the hearing will proceed as ordered and the decision shall be rendered as per Article 9.9.
(b) The BC Labour Relations Board Mediation services will be used as the primary Mediator/Arbitrator and the disputes suitable for mediation shall be grouped by the parties and the mediation shall be scheduled to be heard on the Mediator/Arbitrator's next available date.
(c) The process is intended to be informal and therefore outside legal counsel will not be used.
(d) All presentations are to be short and concise and are to include a comprehensive opening statement.
(e) The parties agree to make limited use of authorities during their presentations.
(f) The parties will prepare a joint book of documents and joint statement of facts. The use of this is not intended to preclude either party from relying on other relevant documents.
(g) The joint book of documents and the joint statement of facts and any other documents in dispute, will be forwarded to the Mediator/Arbitrator at least one week prior to the hearing.
(h) The oral evidence will be limited to a single witness each unless otherwise prior agreement of the other side is obtained or the additional testimony has been ordered by the Mediator/Arbitrator.
(i) The Mediator/Arbitrator shall hear the grievances and shall render a decision within five working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) All decisions of the Mediator/Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(k) All settlements of mediation cases shall be without prejudice.
Expedited Mediation. The mediator shall be mutually agreed upon by the Union and the Employer:
Expedited Mediation. (a) The parties agree that the following provisions shall only operate by mutual agreement of the parties for each and any grievance.
(b) Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation or alleged violation of this agreement, including any question as to whether a matter is arbitrable, during the term of the collective agreement, ▇▇▇ ▇▇▇▇▇▇▇▇ shall at the request of the parties:
(i) investigate the difference;
(ii) define the issue in the difference; and
(iii) make written non-binding recommendations to resolve the difference. within fifteen (15) days of the date of receipt of the request; and, for those fifteen (15) days from that date, time does not run in respect to the grievance procedure.