Mediation Option. 19.8.4.1 Upon mutual agreement, the District and the Union may jointly request that a grievance be submitted to mediation following the decision issued at Step 2.
19.8.4.2 The District shall arrange for a mediator from the California State Mediation and Conciliation Service (CSMCS), or from any other mutually agreeable recognized dispute resolution center, to be assigned to assist the parties in the resolution of the grievance. No individual serving as a mediator may serve as an arbitrator or an expedited arbitrator in the same matter.
19.8.4.3 If the mediation option is exercised, then all steps to conduct the arbitration as established in Section 19.8.3 shall move forward regardless of the mediation process.
19.8.4.4 If a mutually agreeable resolution to the grievance is reached, then the resolution shall be reduced to writing and signed by the grievant(s), the Union and the District. Any agreement shall be non-precedential and shall constitute a settlement of the grievance.
19.8.4.5 At any time and upon the request of either the Union or the District, the mediation shall terminate. Termination of the mediation process shall constitute notice that the arbitration shall be conducted.
Mediation Option. A. If after receiving the disposition from Level Two the grievant is not satisfied, the Association may request in writing that the matter be submitted to mediation with the Federal Mediation and Conciliation Service. The Board and the Association must both agree to submit the grievance to mediation. This request shall be made within fifteen
Mediation Option a. If after receiving the disposition from Level Two the grievant is not satisfied, the Association may request in writing that the matter be submitted to mediation with the Federal Mediation and Conciliation Service. The Board and the Association must both agree to submit the grievance to mediation. This request shall be made within fifteen (15) working days after the receipt of the Level Two disposition. The parties agree to participate in the mediation of all the issues set forth in the grievance on the first meeting date available to the mediator but not later than thirty (30) days from the request. If the mediation effort or the scheduling is unsuccessful and grievant remains unsatisfied, the Association may advance to Level Three. The costs of mediation shall be borne equally by the Board and the PCEADD. Failure to agree on mediation shall not be subject to the grievance/arbitration procedure.
Mediation Option. In the event the Employer and the Union are unable to adjust the grievance, the dispute may be reduced to writing and referred to the New Jersey State Public Employment Relations Commission. This notice must be conducted within thirty (30) days of the final decision by the Employer. Either the Employer or the Union may reject this referral to Mediation. The parties may rely on a verbal presentation of evidence and documentation of evidence. The Mediator will render a written advisory recommendation, as soon as possible, but no later than thirty (30) days after the hearing. The recommendation will be based on the evidence presented by both parties. Both parties may agree that the written recommendation is final and binding. The Mediator shall acknowledge such agreement in his written decision. If the Employer and the Union agree that the decision is final and binding, neither the Employer nor the Union can request Arbitration. The decision of the Mediator will be in lieu of a final and binding decision of an Arbitrator. If the Mediators written recommendation is not final and binding, either party may elect not to accept and implement the recommendations of the Mediator. In the event of refusal to accept the recommendation of the impartial third party, both parties shall agree that the recommendation of the Mediator shall not be admissible in the Arbitration. The parties also agree that no admissions made at the Mediation shall be admissible in the Arbitration. If either rejects the Mediators advisory recommendation, the matter shall be submitted to the New Jersey State Public Employment Relations Commission, who shall designate the Arbitrator to hear the dispute and render a final and binding decision.
Mediation Option. At any time before the issue of the Expert’s decision the Parties may agree to refer the Dispute to mediation, in accordance with CEDR’s Model Mediation Procedure. In that case each of the Parties notifies the Expert and CEDR, and the Expert Determination is suspended. If the dispute is settled by mediation, the Expert Determination comes to an end and the Parties settle the fees and expenses of the Expert and of CEDR. If the dispute is not settled by mediation, the Expert Determination resumes, and if the Expert has been acting as mediator, the Expert may take up his/her previous role. 3
Mediation Option. 11.1 At any time before the Evaluator’s Evaluation is provided to the parties, the parties may agree to refer the dispute to mediation in accordance with the Dispute Resolution Centre’s Mediation Programme.
11.2 In that case the parties must immediately notify the Evaluator and the Dispute Resolution Centre and the Evaluation is suspended.
11.3 The parties may either request the Evaluator to chair settlement negotiations, or they may request the Dispute Resolution Centre to appoint an independent person to act as Mediator.
11.4 If the parties request the Evaluator to chair settlement negotiations, the Evaluator will not act as a Mediator or undertake a mediation process for the purpose of generating settlement options. The Evaluator may not disclose any part of the Evaluation to the parties and may not conduct separate conferences with any of the parties.
11.5 If the dispute is settled by negotiation or mediation, the parties must record the agreement in writing together with the signatures of the parties. Any such agreement will be legally binding on the parties and any party may enforce the terms of the agreement by issuing court proceedings.
11.6 If the dispute is settled by negotiation or mediation, the Early Neutral Evaluation will be terminated upon the signing of a settlement agreement in respect of the dispute referred to Early Neutral Determination and the parties must settle the fees and expenses of the Mediation and the Evaluation.
11.7 If the dispute is not settled by negotiation or mediation, the parties must settle any fees and expenses of the Mediation, and the Early Neutral Evaluation resumes.
Mediation Option. (a) In the event the Township of Ocean and Local Union 701 are unable to adjust the grievance, the dispute may be reduced to writing and referred to the New Jersey State Board of Mediation. This notice must be conducted within thirty (30) days of the final decision by the Township. Either the Township or the Union may reject this referral to Mediation.
(b) The parties may rely on a verbal presentation of evidence and documentation of evidence. The Mediator will render a written advisory recommendation, as soon as possible, but no later than thirty (30) days after the hearing. The recommendation will be based on the evidence presented by both parties.
(c) Both parties may agree that the written recommendation is final and binding. The Mediator shall acknowledge such agreement in his written decision. If the Township and the Union agree that the decision is final and binding, neither the Township nor the Union can request Arbitration. The decision of the Mediator will be in lieu of a final and binding decision of an Arbitrator.
(d) If the Mediator’s written recommendation is not final and binding, either party may elect not to accept and implement the recommendations of the Mediator. In the event of refusal to accept the recommendation of the impartial third party, both parties shall agree that the recommendation of the Mediator shall not be admissible in the Arbitration.
(e) The parties also agree that no admissions made at the Mediation shall be admissible in the Arbitration.
Mediation Option. At any time before the issue of the Evaluator’s Recommendation the Parties may agree to refer the Dispute to mediation, in accordance with CEDR’s Model Mediation Procedure. In that case each of the Parties notifies the Evaluator and CEDR, and the Early Neutral Evaluation is suspended. If the Dispute is settled by mediation, the Early Neutral Evaluation comes to an end and the Parties settle the fees and expenses of the Evaluator and of CEDR. If the Dispute is not settled by mediation, the Early Neutral Evaluation resumes.
Mediation Option. If at any point in the Formal Complaint Procedure process, the investigator and the parties consider that mediation is appropriate, the Designated Person shall appoint a partner of the Firm to act as mediator. In extraordinary circumstances, the Designated Person, in consultation with the Executive Committee, may appoint a person who is not a partner to act as mediator.
Mediation Option. If the District and the Association mutually agree to do so, the grievance may be submitted to grievance mediation.
i. The Association must notify the District in writing within five (5) days of the conclusion of Step 2, or the Board Option of the Association's desire to refer the grievance to mediation.
ii. Within five (5) days following the agreement of the District and the Association to mediate the grievance, the Association shall notify the mutually agreed upon mediator. The mediator shall then schedule a mediation conference at the earliest possible date. Mediation conferences will take place at a mutually convenient location and time.
iii. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference.
iv. The mediator will have the authority to meet separately with either party, but will not have the authority to compel the resolution of a grievance. In the event a settlement or resolution is not reached, the mediator shall not be called as a witness in any future proceedings.
v. Proceedings before the mediator shall be informal in nature. There shall be no formal evidence rules. No transcript or record of the mediation conference shall be made. The mediator shall attempt to assure that all necessary facts and considerations are revealed to him/her.
vi. Written material presented to the mediator shall be returned to the party presenting the material at the termination of the mediation conference, except that the mediator may retain one (1) copy of the written grievance.
vii. The fees and expenses of the mediator and the Administrative Office shall be shared equally by the parties.
viii. If no settlement is reached at mediation, the grievance may be appealed to arbitration. If the Association desires to appeal the grievance to arbitration, written notice of such appeal must be made within five (5) working days following the termination of the mediation conference.
