Level Four - Mediation Sample Clauses

Level Four - Mediation. If the grievance is not resolved at Level Three, the grievant will have ten (10) workdays from receipt of the written response from the Chief Instructional Officer (CIO) or Chief Student Services Officer (CSSO) or their designee in which he or she may process the grievance to mediation by filing a Level Four grievance on the appropriate grievance form with the CHRO or designee. A. If the grievant agrees to mediation, then the CHRO shall, within ten (10) workdays after the receipt of the written request, submit to the California State Conciliation Service a request for the immediate services of a mediator. The grievant or AFT and the District will mutually agree to the selection of the mediator. B. The function of the mediator shall be to assist the parties to achieve a mutually satisfactory resolution of the grievance by means of the mediation process. C. Either party may choose to terminate the mediation in writing.
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Level Four - Mediation. If the aggrieved person is not satisfied with the disposition of the grievance, or if no disposition has occurred pursuant to the provisions of Level Three, the grievance shall be referred to MCOTA to submit to grievance mediation. a. The Association shall request that a mediator from the California State Mediation/Conciliation Service or from any other mutually agreeable recognized dispute resolution center be assigned to assist the parties in the resolution of the grievance. b. The mediator, within ten (10) days of the request shall meet with the grievant, the Association and MCOE representative(s) for the purpose of resolving the grievance. c. If an agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and MCOE. This agreement shall constitute a settlement of the grievance. d. In the event that the grievant, the Association and the Superintendent or his/her designee have not resolved the grievance with the assistance of the conciliator/mediator within ten (10) days from the meeting with the mediator, the Association or the Employer may terminate Level Four and the grievance may proceed to arbitration.
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Level Four - Mediation a. If a grievance is not satisfactorily resolved at Level Three, the parties agree to participate in non-binding mediation with a state appointed mediator. The Union must notify the District and request the appointment of a mediator within thirty (30) days of the written decision of the superintendent (or designee).
Sample 1
Level Four - Mediation. (1) If an individual grievant is not satisfied with the decision at Level Three, he or she may, within ten (10) days of the receipt of the decision from Level Three, appeal the decision on the grievance form. The grievant must submit this form, consisting of a written request for mediation of the grievance, to the CHRO and the Association President. However, once a grievance passes beyond Level Three, the grievance belongs to the Association, not to the grievant; that is to say, the Association must agree that the grievance be submitted to Level Four. (2) If the Association is the grievant and it is not satisfied with the decision at Level Three, it may, within ten (10) days of the receipt of the decision from Level Three, appeal the decision on the grievance from. The Association must submit this form, consisting of a written request for mediation of the grievance, to the CHRO. (3) In either case, the request must include a copy of the original grievance and appeals, the decisions rendered, and a clear, concise statement of the reasons for the appeal. A signed copy of the appeal shall be sent to the CHRO and the CEO. The CHRO shall, within ten (10) days after receipt of the written request, submit to the California State Conciliation Service a request for the immediate services of a mediator. The Association and the District shall jointly agree to the mediator selected. b. The function of the mediator shall be to assist the parties to achieve a mutually satisfactory resolution of the grievance by means of the mediation process. c. If a satisfactory resolution of the grievance is achieved by means of this mediation process, both parties to the grievance shall sign a written statement of the resolution to that effect, and thus waive the right of either party to further appeal of the grievance. d. While the mediator shall not have the authority to impose a settlement upon the parties, the mediator shall be responsible for the following: (1) The mediator shall accept written and/or verbal evidence from the parties regarding their respective positions. (2) In the event the grievance is not resolved by the parties at this level, the mediator shall, within ten (10) days, submit a written recommendation to resolve the dispute, based upon an informal record created during the mediation session. A copy of this recommendation for resolution must be submitted to the CHRO, the CEO, the Association President, and the individual grievant within the above referenced ten ...
Sample 1
Level Four - Mediation a. Any dispute not resolved under the Grievance Procedure as set forth in this agreement may be alternatively resolved under the following terms and conditions. The Association or the Administration has ten (10) working days from the date of the Level 3 or Level 4 determination to refer a matter to mediation. The parties agree to maintain a panel of three (3) mediators. Said Mediators shall, by qualification, be members on the panels of the Michigan Employment Relations Panel of Arbitrators, the American Arbitration Association, the Federal Mediation Panel of Arbitrators, or the Society of Professionals in Dispute Resolution Arbitrators. b. When it is necessary to add a mediator to the panel the names of such parties shall then be drawn from lots and once drawn shall not be utilized for dispute resolution until the remaining two members have been utilized, except by mutual agreement of the parties. The Mediator shall then hear any and all evidence offered by either party to the dispute in a hearing conducted in accordance with the rules of expedited arbitration as published by the American Arbitration Association. The Mediator shall then make a recommendation or recommendations, as the case may be, to the parties for the resolution of the dispute. The Mediator’s recommendation must be made within the confines of the Collective Bargaining Agreement, however, the Mediator shall have the authority to recommend resolutions beyond the exact terms of the Agreement, as alternative resolutions, and under such terms and conditions as the Mediator shall deem to be in pursuance of the spirit and intent of the Collective Bargaining Agreement and in pursuance of good industrial relations. c. The parties shall have five (5) working days from the receipt of the Mediator's recommendation or recommendations to accept or reject the same, or to accept in part the same, and the parties shall then meet in an effort to resolve the dispute. If such recommendations resolve the matter, the matter shall then be deemed resolved, however, at all times any resolution achieved in this manner shall: 1) Not set any precedent with respect to the interpretation of the Agreement or other precedent whatsoever unless mutually agreed between parties, 2) Such resolution shall not be utilized or alluded to in any way, form, or manner in any subsequent hearings, nor shall the same be utilized to resolve any other pending matters or future matters, except as the same set forth a consistent interpr...
Sample 1
Level Four - Mediation a. If the grievance is not settled within ten (10) working days following the conference noted in section 34.3.5 above, it may be referred to mediation within ten (10) working days. b. The costs of the mediator will be equally split between the parties.
Sample 1
Level Four - Mediation a. If the teacher is not satisfied with the disposition of the grievance at level three, the teacher with the support of the Association may, within six (6) work days after receiving the School Board's decision, refer the grievance to mediation. The parties shall attempt to mutually agree on a mediator. If the parties are unable to agree on a mediator within 6 workdays, selection will be done through the American Arbitration Association. The parties agree to share equally in the compensation and expense of the mediator. In any event, the decision of the School Board shall be final subject to either party seeking review under RSA 273-A:5,I(h) or RSA 273-5, II (f) as appropriate. b. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits, (unless extended by mutual Agreement) shall permit the aggrieved person to proceed to the next level, except at the School Board level. Failure at any level of this procedure to appeal a grievance to the next level within the specified time limits shall be deemed to be acceptance of the decision rendered at that level.
Sample 1
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Related to Level Four - 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.

  • 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.

  • 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.

  • Level Four A. If within ten (10) school days following the formal third step the Association submits a request to the Superintendent to enter into arbitration, the Superintendent and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within ten (10) school days, a written request for a list of arbitrators shall be made to the Public Employment Relations Board (PERB) by either party. The list shall consist of seven (7) potential arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The party having the right to remove the first name shall do so within two (2) school days. Then the parties shall have one (1) school day alternately to remove until one (1) name remains. The person whose name remains shall be the arbitrator. B. The arbitrator so selected shall confer with the Superintendent and the Association and hold hearings promptly and shall issue his/her decision not later than fifteen (15) school days from the date of the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator's decision shall have no power to alter, add to, or detract from the specific provisions of the Agreement. No decision of the arbitrator shall in any way be derogation of the powers, duties, and rights established in the Board by constitutional provisions, statue, ordinance, or special legislative acts. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding on the parties. C. The costs of the services of the arbitrator will be borne equally by the Board and the Association. D. If the grievant files any claim or complaint in any forum other than under the grievance procedure of this Master Contract Agreement, then the school district shall not be required to process the same claim or set of facts through this grievance procedure.

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