Common use of Impasse Procedures/Mutual Alternate Dispute (MAD) Agreement Clause in Contracts

Impasse Procedures/Mutual Alternate Dispute (MAD) Agreement. If agreement is not reached on matters being negotiated at any time within fifty- five (55) calendar days of the expiration date of this Agreement (or at any later time), either party may declare impasse and request that an impartial mediator be appointed. When impasse is so declared, a Federal Mediation and Conciliation Service (FMCS) mediator or a mediator from the Bureau of Mediation of the Ohio State Employment Relations Board shall be used. If the parties cannot agree on a mediator, FMCS shall be requested to appoint a mediator, and the selection shall be in accordance with the rules of FMCS. The mediator shall have the right to hold meetings with the negotiating parties in seeking to affect a resolution to the disagreement(s) in accordance with the rules and regulations of FMCS or SERB. The Union reserves the right to strike under the provisions of ORC 4117.14, after mediation has been conducted. At that time, the Board may exercise its right to implement. This impasses procedure is the parties’ alternative dispute resolution procedure and is intended to supercede and replace the statutory procedures contained in ORC 4117.14.