Fast Track Mediation Clause Samples

Fast Track Mediation. Arbitration Process 1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement (i.e. ESS - Local 40. 2) The outcome will be binding on the parties. 3) The cost will be borne in accordance with Section 103 of the Labour Relations Code (i.e, Employer: 1/3; Union: 1/3; Government: 1/3). 4) The procedure cannot be used should an application for a Settlement Officer under Section 87 of the Labour Relations Code have been made by either party. 5) No legal counsel will be sued by either party. The Union will use elected officers or business representatives. ESS will use employees of their Industrial Relations Division. 6) The number of cases to be heard at any given time will not exceed three (3). 7) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator. 8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties. 9) In such case that the arbitrator must write a decision, such decision shall be brief and to the point. 10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case. 11) General rules of evidence will be waived except for the rule of “onus.” 12) The offices of ESS and of UNITE HERE, Local 40 will be used for the process on an alternating basis starting with the Hotel, Restaurant, & Culinary Employees & Bartenders Union, Local 40 offices.
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Fast Track Mediation. Arbitration Process 1) The process can only be used by mutual agreement between the parties who are signatory to this collective agreement. 2) The outcome will be binding on the parties. 3) The cost will be born in accordance with Section 112 of the Labour Relations Code, i.e. the employer - one third, union - one third, Government - one third. 4) The procedure may be used after Step One or Step Two of the grievance procedure 5) No legal counsel will be used by either party. 6) The number of cases to be heard at any given time will not exceed three (3). 7) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator. 8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties. 9) In such cases the arbitrator must write a decision, such decision shall be brief and to the point. 10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case. 11) General rules of evidence will be waived except for the rule of “onus”. 12) Location to be agreed between the parties.
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Fast Track Mediation. Arbitration Process 1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement (i.e. Compass/E.S.S. - Local 40. 2) The outcome will be binding on the parties. 3) The cost will be shared equally between the Union and the Employer, in accordance with Section 103 of the Labour Relations Code. 4) The procedure cannot be used should an application for a Settlement Officer under Section 87 of the Labour Relations Code have been made by either party.
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Fast Track Mediation. Arbitration Process 1. The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. 2. The outcome will be binding on the parties. 3. The cost will be borne in accordance with Section 112 of the Labour Relations Code. i.e. Employer - 1/3, Union - 1/3, Government - 1/3. 4. The procedure may be used after step one or step two of the grievance procedure. 5. The procedure cannot be used should an application for an Industrial Relations Officer under Section 96.1 of the Labour Relations Code have been made by either party. 6. No legal counsel will be used by either party. 7. The number of cases to be heard at any given time will not exceed three (3). 8. The parties or their representatives will try to get an agreed statement of facts for representation to the arbitrator. 9. Wherever possible the arbitrator will attempt to mediate a settlement between the parties. 10. In such case that the arbitrator must write a decision, such decision shall be brief and to the point. 11. An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case. 12. General rules of evidence will be waived except for the rule of "onus". 13. The facilities of the Hotel and the Local 40 offices will be used for the process on an alternating basis starting with the Local 40 office, or as otherwise mutually agreed by the parties.
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Related to Fast Track Mediation

  • Mandatory Mediation Prior to and as a condition of either Party’s filing suit in state or federal court, the Parties shall engage in a mediated settlement conference in accordance with the North Carolina Superior Court Rules Implementing Statewide Mediation. The Parties shall mediate in good faith until settlement is reached or an impasse is declared by the mediator.

  • Optional Mediation The Parties may mutually agree to non-binding mediation: (a) If the grievance is not resolved at Step 3, either Party may request that a Mediator be appointed to meet with the Parties, investigate and define the issues in dispute and facilitate a resolution. (b) The Mediator shall be appointed by mutual agreement between the Parties. (c) The purpose of the Mediator's involvement in the grievance process is to assist the Parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose. (d) The expenses of the Mediator shall be equally borne by both Parties. (e) The grievance may be resolved by mutual agreement between the Parties.

  • Grievance Mediation Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and the time line for grievance mediation to occur.

  • Voluntary Mediation a) The central parties may, on mutual agreement, request the assistance of a mediator. b) Where the central parties have agreed to mediation, the cost shall be shared equally between the central parties. c) Timelines shall be suspended for the period of mediation.

  • Dispute Resolution; Mediation (a) Either party may commence the dispute resolution process of this Section 8.2 by giving the other party written notice (a “Dispute Notice”) of any controversy, claim or dispute of whatever nature arising out of or relating to or in connection with this Agreement, any Ancillary Agreement or the breach, termination, enforceability or validity thereof (a “Dispute”) which has not been resolved in the normal course of business or as provided in the relevant Ancillary Agreement. The parties shall attempt in good faith to resolve any Dispute by negotiation between executives of each party (“Senior Party Representatives”) who have authority to settle the Dispute and, unless discussions between the parties are already at a senior management level, who are at a higher level of management than the Persons who have direct responsibility for the administration of this Agreement or the relevant Ancillary Agreement. Within fifteen (15) days after delivery of the Dispute Notice, the receiving party shall submit to the other a written response (the “Response”). The Dispute Notice and the Response shall include (i) a statement setting forth the position of the party giving such notice and a summary of arguments supporting such position and (ii) the name and title of such party’s Senior Party Representative and any other Persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to settle the Dispute. Within thirty (30) days after the delivery of the Dispute Notice, the Senior Party Representatives 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. The parties shall cooperate in good faith with respect to any reasonable requests for exchanges of Information regarding the Dispute or a Response thereto. (b) If the Dispute has not been resolved within sixty (60) days after delivery of the Dispute Notice, or if the parties fail to meet within thirty (30) days after delivery of the Dispute Notice as hereinabove provided, the parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 8.2 before resorting to arbitration contemplated by Section 8.3 or any other dispute resolution procedure that may be agreed by the parties. (c) All negotiations, conferences and discussions pursuant to this Section 8.2 shall be confidential and shall be treated as compromise and settlement negotiations. Nothing said or disclosed, nor any document produced, in the course of such negotiations, conferences and discussions that is not otherwise independently discoverable shall be offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration. (d) Unless the parties agree otherwise, the mediation shall be conducted in accordance with the CPR Institute for Dispute Resolution Model Procedure for Mediation of Business Disputes in effect on the date of this Agreement by a mediator mutually selected by the parties. (e) Within thirty (30) days after the mediator has been selected as provided above, both parties and their respective attorneys shall meet with the mediator for one (1) mediation session, it being agreed that each party representative attending such mediation session shall be a Senior Party Representative 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 end. (f) Costs of the mediation shall be borne equally by the parties involved in the matter, except that each party shall be responsible for its own expenses. (g) Any Dispute regarding the following matters is not required to be negotiated or mediated prior to seeking relief from an arbitrator or, if applicable, from a court pursuant to Section 10.14: (i) breach of any obligation of confidentiality or waiver of Privilege; and (ii) any other claim where interim relief is sought to prevent serious and irreparable injury to one of the parties. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such arbitration is pending.