Common use of Fast Track Mediation/Arbitration Process Clause in Contracts

Fast Track Mediation/Arbitration Process. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 21 of this Collective Agreement. 1) The process can only be used by mutual agreement between the parties who are signatories 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 - 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 that the arbitrator must write 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 13) Procedures Guidelines: (a) The Opening Statement-, this should basically set out the case from each party’s perspective. The arbitrator shall aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not. (b) The Hearing: sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of creditability or conflicting evidence, the key individuals must testify. (c) The Argument as agreed, the parties will not cite legal precedents but may refer to Xxxxx and Xxxxxx, Xxxxxx etc. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by counsel to ensure that all relevant clauses are put before the arbitrator. (d) Mediation: Counsel must accept some responsibility at this stage to assist the arbitrator in assessing the evidence before him. Specifically, if counsel can assist in assessing creditability and/or contradictory evidence, they should do so.

Fast Track Mediation/Arbitration Process. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 21 of this Collective Agreement. 1) The process can only be used by mutual agreement between the parties who are signatories 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 - – 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 that the arbitrator must write 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 13) Procedures Guidelines: (a) The Opening Statement-, . this should basically set out the case from each party’s 's perspective. The arbitrator shall aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not. (b) The Hearing: sufficient witnesses should be called to ensure the “"story” " is properly told. Where it is an issue of creditability or conflicting evidence, the key individuals must testify. (c) The Argument as agreed, the parties will not cite legal precedents but may refer to Xxxxx and Xxxxxx, Xxxxxx etc. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by counsel to ensure that all relevant clauses are put before the arbitrator. (d) Mediation: Counsel must accept some responsibility at this stage to assist the arbitrator in assessing the evidence before him. Specifically, if counsel can assist in assessing creditability and/or contradictory evidence, they should do so. (e) The Decision: K mediation fails or is not appropriate, and if the decision can be rendered after a short deliberation, the arbitrator will do so. By meeting first with counsel to explain the framework of his/her decision, the parties are provided with an opportunity to influence the exact terms of the resolution. Within the framework of settlement as outlined by the arbitrator, the parties can work out exact terms which best suit the specifics of the case. Such an opportunity should not be wasted by continuing to argue the merits of the case. 14) With respect to grievances involving customer complaints, the following will apply: (a) The person to whom the complaint was given be called to testify; (b) Bargaining unit or staff employees who can direct evidence be called to testify. (c) Wherever possible, the complaint be committed in writing, in the customer’s own handwriting. (d) Prior to the hearing, the parties discuss the evidence so there are no surprises.

Fast Track Mediation/Arbitration Process. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 21 29 of this Collective Agreement.: 1(a) The process can only be used by mutual agreement between the parties who are signatories to this Collective Agreement.; 2(b) The outcome will be binding on the parties.; 3(c) The cost will be borne in accordance with Section 112 of the Labour Relations Code, i.e. Employer - one third– one-half (1/2) , Union - one third, Government - one third.– one-half (1/2); 4(d) The procedure may be used after Step One or Step Two of the grievance procedure.; 5(e) No legal counsel will be used by either party.; 6(f) The number of cases to be heard at any given time will not exceed three (3). 7(g) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator.; 8) (h) Wherever possible the arbitrator will attempt to mediate a settlement between the parties.; 9(i) In such cases that the arbitrator must write decision, such decision shall be brief and to the point.; 10(j) 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(k) General rules of evidence will be waived except for the rule of “"onus”."; 12(l) Location to be agreed between the parties; 13(m) Procedures Guidelines: (ai) The Opening Statement-, . this should basically set out the case from each party’s 's perspective. The arbitrator shall aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not. (bii) The Hearing: sufficient witnesses should be called to ensure the “"story” " is properly told. Where it is an issue of creditability or conflicting evidence, the key individuals must testify. (ciii) The Argument as agreed, the parties will not cite legal precedents but may refer to Xxxxx and Xxxxxx, Xxxxxx etc. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by counsel to ensure that all relevant clauses are put before the arbitrator. (div) Mediation: Counsel The parties must accept some responsibility at this stage to assist the arbitrator in assessing the evidence before himthem. Specifically, if counsel the parties can assist in assessing creditability and/or contradictory evidence, they should do so.