Common use of Level 3 – Mediation Clause in Contracts

Level 3 – Mediation. a) If the grievant is not satisfied with the disposition of the grievance or if no disposition has occurred within the timelines specified for Level 2, within ten (10) days of receipt of the Level 2 response, the grievant may submit a written request to the Association to refer the grievance to mediation. The grievant and the Association shall provide a simultaneous copy of the request to the Assistant Superintendent of Human Resources. b) Within (10) days of the request for mediation, the District and Association shall notify one another in writing if it agrees to or waives mediation. If either party opts to waive mediation the Association may proceed directly to the arbitration level (11.3.2.4). c) If the Association agrees to refer the grievance to mediation, and the District concurs, then the parties shall attempt to agree to a mediator. If the parties are unable to agree upon a mediator within 10 days, the Association shall request that the California State Mediation/Conciliation Service (CSMCS) assign a mediator to attempt to resolve the grievance. The Association will provide a copy of its request for assignment of a mediator to the Assistant Superintendent of Human Resources. d) Mediation is advisory and not binding upon the parties, unless the parties reach an agreement. Any agreement reached in mediation shall be reduced to writing, signed by the parties and binding on the parties, including the grievant(s). e) The costs of the mediator will be borne equally by the District and the Association. f) In the event that the grievant, the Association and the Assistant Superintendent of Human Resources or her/his designee have not resolved the grievance with the assistance of the mediator within twenty (20) days from the first meeting held by the mediator, either the Association or the District may terminate mediation. If either Party or the mediator terminates mediation, the grievance may proceed to Level Four. However, the Parties may mutually agree in writing to extend the mediation timelines.