Common use of Inability to Reach Agreement Clause in Contracts

Inability to Reach Agreement. 1. If the parties are unable to agree on a successor agreement by June 1 of the year in which this Agreement expires, either party may any time thereafter request in writing the appointment of a mediator. The parties shall attempt for three (3) business days from the receipt of the written request to agree on a mediator. If they are unable to agree on a mediator within those three (3) business days, the parties shall sign a joint request for selection of a mediator through the Federal Mediation and Conciliation Service (FMCS). 2. The mediator will meet with the parties in an attempt to resolve the remaining issues. He/she shall hold such further meetings as, in his/her judgment, may be necessary to resolve the issues, but may not hold more than a total of three (3) meetings with the parties without the written consent of both. The mediator will confine himself/herself to the process of mediation and shall not engage in fact-finding or other form of interest arbitration without the express written consent of both parties. 3. In the event agreement is not reached by the expiration date of the Agreement, the Agreement may be extended only by mutual consent of both parties. Whenever, in the judgment of either party, it appears that no more progress can be accomplished by the expiration date of the Agreement or any mutually agreed to extensions, then the Association may initiate the provisions of Section 4117.14(D)(2) of the Ohio Revised Code. 4. This procedure of Article II (D) is the parties mutually agreed alternative Dispute Resolution Procedure and supersedes the Dispute Resolution Procedures of 0.R.C 4117.14 (C) (2-6).

Inability to Reach Agreement. 1. If the parties are unable to agree on a successor agreement by June 1 of the year in which this Agreement expires, either party may any time thereafter request in writing the appointment of a mediator. The parties shall attempt for three (3) business days from the receipt of the written request to agree on a mediator. If they are unable to agree on a mediator within those three (3) business days, the parties shall sign a joint request for selection of a mediator through the Federal Mediation and Conciliation Service (FMCS). 2. The mediator will meet with the parties in an attempt to resolve the remaining issues. He/she shall hold such further meetings as, in his/her judgment, may be necessary to resolve the issues, but may not hold more than a total of three (3) meetings with the parties without the written consent of both. The mediator will confine himself/herself to the process of mediation and shall not engage in fact-finding or other form of interest arbitration without the express written consent of both parties. 3. In the event agreement is not reached by the expiration date of the Agreement, the Agreement may be extended only by mutual consent of both parties. Whenever, in the judgment of either party, it appears that no more progress can be accomplished by the expiration date of the Agreement or any mutually agreed to extensions, then the Association may initiate the provisions of Section 4117.14(D)(2) of the Ohio Revised Code. 4. This procedure of Article II I (D) is the parties mutually agreed alternative Dispute Resolution Procedure and supersedes the Dispute Resolution Procedures of 0.R.C 4117.14 (C) (2-6).