Common use of Mediation Procedure Clause in Contracts

Mediation Procedure. The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties mediation will be conducted pursuant to the proceeding agree rules generally used by the mediator in the mediator’s practice, subject to one the following: (A) The mediator will act as an advocate for resolution and will use his or more extensions her best efforts to assist the Parties in reaching a mutually acceptable settlement. The mediator may suggest ways of timeresolving the Dispute, but may not impose his or her own judgment on the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt issues or that of the ComplaintParties. The selected mediatorsmediator will not have the authority to decide any issue for the Parties, unless but will attempt to facilitate the parties otherwise agreevoluntary resolution of the Dispute by the Parties. (B) Each Person participating in the mediation will have authority to settle, shall adhere and all Persons necessary to the following procedure: i. Each party must decision to settle will be represented by its CEO present during the entire mediation session or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fitsessions. ii. By (C) The mediation will take place at a time and convenient location agreeable to the mediator and the Parties, as the mediator will determine, but such mediation will take place no later than 20 Business Days after the commencement of the second negotiations under Section 9.19(a) and will take place over two consecutive days. (D) Mediation sessions will be private, and only the Parties and their representatives may attend the mediation sessions. Other Persons may attend the mediation sessions only with the written permissions of the Parties and with the consent of the mediator. (E) There will be no stenographic record of the mediation process, and no Person will tape record any portion of the mediation sessions. (F) No subpoenas, summons, complaints, citations, writs, or other process may be served at or away from the site of any mediation session upon any Person who then is entering, on the way to, in attendance or leaving the session. (G) The Parties will participate in the mediation proceeding in good faith with the intention to settle. (H) No later than five (5) days prior to the date designated mediation, each Party will deliver to the mediator all information reasonably required for the Mediation Hearingmediator to understand the issues presented and a confidential memorandum (not to exceed five pages with normal type size and margins) setting forth the following: i. identification of the matters in dispute; ii. concise statement of points (factual, each party shall supply and serve legal, practical) that such Party believes enhances its chance of achieving a list favourable outcome of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute.Dispute; and iii. Each party will history of settlement discussions and outstanding offers of settlement. (I) The above rules may be given one-half hour to present its case, beginning modified or amended with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversyParties’ written consent. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- cross-examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman Mediator(s) shall apply the mediation procedures and processes provided for herein (not the rules of the ADR organization with which they are affiliated) and shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediatorsmediator(s), unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- cross-examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators mediator(s) will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators mediator(s) may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators mediator(s) may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iviii. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediatorsmediator(s), will sit in on the negotiations.. Page 5 of 23 v. iv. After the close of the presentations, the selected mediators mediator(s) may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. v. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. viivi. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediatorsmediator(s), and decisions or recommendations in any Mediation proceeding shall be executed by each party. viiivii. Upon request of the selected mediatorsmediator(s), or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman shall promptly advise mediation will be conducted pursuant to the rules generally used by the mediator in the mediator’s practice, subject to the following: (A) The mediator will act as an advocate for resolution and will use his or her best efforts to assist the parties in reaching a mutually acceptable settlement. The mediator may suggest ways of a scheduled Mediation Hearing dateresolving the Dispute, but may not impose his or her own judgment on the issues or that of the parties. Unless a party requests an expedited procedureThe mediator will not have the authority to decide any issue for the parties, or unless but will attempt to facilitate the voluntary resolution of the Dispute by the parties. (B) Each Person participating in the mediation will have authority to settle, and all parties Persons necessary to the proceeding agree decision to one settle will be present during the entire mediation session or more extensions of time, the Mediation Hearing set forth below shall be completed within forty sessions. (40C) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere mediation will take place at a time and convenient location agreeable to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve mediator and the dispute. Howeverparties, parties may send additional representatives as they see fit. ii. By the mediator will determine, but such mediation will take place no later than 20 Business Days after the commencement of the second negotiations under Section 8.17(a) and will take place over two consecutive days. (D) Mediation sessions will be private, and only the parties and their representatives may attend the mediation sessions. Other Persons may attend the mediation sessions only with the written permissions of the parties and with the consent of the mediator. (E) There will be no stenographic record of the mediation process, and no Person will tape record any portion of the mediation sessions. (F) No subpoenas, summons, complaints, citations, writs, or other process may be served at or away from the site of any mediation session upon any Person who then is entering, on the way to, in attendance or leaving the session. (G) The parties will participate in the mediation proceeding in good faith with the intention to settle. (H) No later than five (5) days prior to the date designated for the Mediation Hearingmediation, each party shall supply will deliver to the mediator all information reasonably required for the mediator to understand the issues presented and serve a list confidential memorandum (not to exceed five pages with normal type size and margins) setting forth the following: i. identification of all persons who will be attending the Mediation Hearingmatters in dispute; ii. concise statement of points (factual, and indicate who will have legal, practical) that such party believes enhances its chance of achieving a favourable outcome of the authority to resolve the dispute.Dispute; and iii. Each party will history of settlement discussions and outstanding offers of settlement. (I) The above rules may be given one-half hour to present its case, beginning modified or amended with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy’ written consent. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties mediation will be conducted pursuant to the proceeding agree rules generally used by the mediator in the mediator’s practice, subject to one the following: (A) The mediator will act as an advocate for resolution and will use his or more extensions her best efforts to assist the Parties in reaching a mutually acceptable settlement. The mediator may suggest ways of timeresolving the Dispute, but may not impose his or her own judgment on the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt issues or that of the ComplaintParties. The selected mediatorsmediator will not have the authority to decide any issue for the Parties, unless but will attempt to facilitate the parties otherwise agreevoluntary resolution of the Dispute by the Parties. (B) Each Person participating in the mediation will have authority to settle, shall adhere and all Persons necessary to the following procedure: i. Each party must decision to settle will be represented by its CEO present during the entire mediation session or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fitsessions. ii. By (C) The mediation will take place at a time and convenient location agreeable to the mediator and the Parties, as the mediator will determine, but such mediation will take place no later than 20 Business Days after the commencement of the second negotiations under Section 7.19(a) and will take place over two consecutive days. (D) Mediation sessions will be private, and only the Parties and their representatives may attend the mediation sessions. Other Persons may attend the mediation sessions only with the written permissions of the Parties and with the consent of the mediator. (E) There will be no stenographic record of the mediation process, and no Person will tape record any portion of the mediation sessions. (F) No subpoenas, summons, complaints, citations, writs, or other process may be served at or away from the site of any mediation session upon any Person who then is entering, on the way to, in attendance or leaving the session. (G) The Parties will participate in the mediation proceeding in good faith with the intention to settle. (H) No later than five (5) days prior to the date designated mediation, each Party will deliver to the mediator all information reasonably required for the Mediation Hearingmediator to understand the issues presented and a confidential memorandum (not to exceed five pages with normal type size and margins) setting forth the following: i. identification of the matters in dispute; ii. concise statement of points (factual, each party shall supply and serve legal, practical) that such Party believes enhances its chance of achieving a list favourable outcome of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute.Dispute; and iii. Each party will history of settlement discussions and outstanding offers of settlement. (I) The above rules may be given one-half hour to present its case, beginning modified or amended with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversyParties’ written consent. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman shall promptly advise mediation will be conducted pursuant to the parties rules generally used by the mediator in the mediator's practice, subject to the following: (A) The mediator will act as an advocate for resolution and will use his or her best efforts to assist the Parties in reaching a mutually acceptable settlement. The mediator may suggest ways of resolving the Dispute, but may not impose his or her own judgment on the issues or that of the Parties. The mediator will not have the authority to decide any issue for the Parties, but will attempt to facilitate the voluntary resolution of the Dispute by the Parties. (B) Each Person participating in the mediation will have authority to settle, and all Persons necessary to the decision to settle will be present during the entire mediation session or sessions. (C) The mediation will take place at a scheduled time and convenient location agreeable to the mediator and the Parties, as the mediator will determine, but such mediation will take place no later than sixty (60) Business Days after the selection of the mediator under Section 9.10(b) and will take place over two (2) consecutive days. (D) Mediation Hearing datesessions will be private, and only the Parties and their representatives may attend the mediation sessions. Unless a party requests an expedited procedureOther Persons may attend the mediation sessions only with the permission of the Parties and with the consent of the mediator. (E) There will be no stenographic record of the mediation process, and no Person will tape record any portion of the mediation sessions. (F) No subpoenas, summons, complaints, citations, writs, or unless all parties to other process may be served at or away from the proceeding agree to one site of any mediation session upon any Person who then is entering, on the way to, in attendance or more extensions of time, leaving the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fitsession. ii. By no (G) The Parties will participate in the mediation proceeding in good faith with the intention to settle. (H) No later than five (5) days prior to the date designated mediation, each Party will deliver to the mediator information reasonably required for the Mediation Hearingmediator to understand the issues presented, each party shall supply which may include a confidential memorandum setting forth the following: (1) identification of the matters in dispute; (2) concise statement of points (factual, legal, practical) that such Party believes enhances its chance of achieving a favorable outcome of the Dispute; and (3) history of settlement discussions and serve a list outstanding offers of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the disputesettlement. iii. Each party will (I) The above rules may be given one-half hour to present its case, beginning modified or amended with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversyParties' written consent. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. . ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. . iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman 4.04 If a grievance is to be submitted to Mediation, the Mediator shall either be appointed by the appropriate Federal Mediation and Conciliation Office or be selected by agreement between the Employer and the Union. When the parties fail to agree upon a Mediator within five (5) working days after agreement to mediate, the Union or the parties, jointly, shall promptly advise request a list of seven (7) names from the Federal Mediation and Conciliation Service. The decision to choose will be made by the party requesting mediation. 4.05 The mediation hearing shall be conducted by the Mediator, at mutually agreeable times and places, or, failing agreement of the parties, at times and places designated by the Mediator. 4.06 In conducting the hearing, the Mediator shall not be bound by rules of evidence or procedural rules, and the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedureshall be allowed, or unless all parties subject to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt governance of the Complaint. The selected mediatorsMediator, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives present their respective facts and arguments as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. 4.07 At the close conclusion of each presentationthe hearing, the selected mediators will be given an opportunity Mediator may attempt to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of obtain a compromise between the parties, or may meet and may, in conjunction with such efforts, give the parties separatelyan advisory settlement proposal, to discuss which may advise the controversy. iv. After the close parties of the presentations, ruling the parties will attempt Mediator would expect if the matter were to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to Arbitration and the parties for their consideration reasons therefore, on the basis of the facts presented, the applicable contract provisions and approval. If the parties have previously agreed to be bound by the results positions of this procedure, this recommendation shall be binding upon the parties. vi. 4.08 The purpose opinion of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding Mediator shall be executed advisory. If it is or is not accepted by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff it shall not be admissible evidence in, and it shall be forever excluded from, any subsequent Arbitral, Administrative, or Judicial Proceeding. 4.09 Each party will pay its own participants and its own witnesses. The parties will share equally only the fee and expenses of the Mediator, and the cost, if any, of the hearing room. Grievances which do not pertain to the alleged violation of particular provisions of this Agreement is not subject to Mediation, even though such grievances may also submit documentation at any time during have been entertained by the proceedingsparties in other steps of the procedures set forth in this Article 4.

Mediation Procedure. The Chairman Mediator(s) shall apply the mediation procedures and processes provided for herein (not the rules of the ADR organization with which they are affiliated) and shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's ’s receipt of the Complaint. The selected mediatorsmediator(s), unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- cross-examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators mediator(s) will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators mediator(s) may extend the time allowed for each party's ’s presentation at the Mediation Hearing. The selected mediators mediator(s) may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iviii. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediatorsmediator(s), or any one or more of the selected mediators, will sit in on the negotiations.. Page 5 of 23 v. iv. After the close of the presentations, the selected mediators mediator(s) may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. v. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. viivi. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "“Stipulation to Confidentiality" ” which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediatorsmediator(s), and decisions or recommendations in any Mediation proceeding shall be executed by each party. viiivii. Upon request of the selected mediatorsmediator(s), or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- cross-examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. The Chairman 4.06 If a Grievance is to be submitted to mediation, the Mediator shall either be appointed by the appropriate Federal Mediation and Conciliation Office or be selected by agreement between the Employer and the Union. When the parties fail to agree upon a Mediator within five (5) working days after agreement to mediate, the Union or the Parties, jointly, shall promptly advise request a list of seven (7) names from the parties Federal Mediation and Conciliation Service. The decision to choose will be made by the party requesting mediation. 4.07 The mediation hearing shall be conducted by the Mediator, at mutually agreeable times and places, or, following agreement of a scheduled Mediation Hearing date. Unless a party requests an expedited procedurethe parties, at times and places designated by the Mediator. 4.08 In conducting the hearing, the Mediator shall not be bound by rules of evidence or unless all parties procedural rules, and the Parties shall be allowed, subject to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt governance of the Complaint. The selected mediatorsMediator, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives present their respective facts and arguments as they see fit. ii. By no later than five (5) days prior 4.09 At the conclusion of the hearing, the Mediator may attempt to obtain a compromise between the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation HearingParties, and indicate who will have may, in conjunction with such efforts, give the authority Parties an advisory settlement proposal, which may advise the parties of the ruling the Mediator would expect if the matter were to resolve be submitted to Arbitration and the disputereasons therefore, on the basis of the facts presented, the applicable contract provisions, and the positions of the Parties. iii4.10 The opinion of the Mediator shall be advisory. If it is or is not accepted by the Parties, it shall not be admissible evidence in, and it shall be forever excluded from, any subsequent Arbitral, Administrative, or Judicial Proceeding. 4.11 Each party will be given one-half hour pay its own participants and its own witnesses. The Parties will share equally only the fee and expenses of the Mediator, and the cost, if any, of the hearing room. Grievances which do not pertain to present its casethe alleged violation of particular provisions of this Agreement are not subject to Mediation, beginning with the complaining party (or parties), followed even though such grievances may have been entertained by the Parties in other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions steps of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet procedures set forth in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversythis ARTICLE FOUR. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

Mediation Procedure. 4.1 A party involved in a dispute or grievance with another member of staff, (including a student) should initiate the mediation process by directly communicating to the Office of the Ombud. Any request of this nature that has been received by any other department, faculty or unit of the University shall be forwarded to the Office of the Ombud. 4.2 Upon receipt of agreement from the parties the Office of the Ombud shall liaise with HR and Discho, which will provide an independent mediator, who will have had no previous involvement with the issue/s. 4.3 The Chairman mediator will communicate both parties advising of the date/time/venue of the initial meetings and provide information on the mediation process. This will normally be within 10 working days of the formal notification to the Office of the Ombud. 4.4 Meetings with the mediators will be held in a neutral venue. Parties involved in the process will be allowed reasonable time, at work, to prepare and participate in the process. 4.5 The mediators will meet with each party separately to outline the process and ascertain the details of the issue/s to be resolved. 4.6 Not all issues or circumstances are suitable for mediation and an assessment should be made by the mediators at the initial meetings on the suitability of each case for mediation. Where they consider mediation would not be appropriate they shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties who may then decide to proceed by invoking the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or partiesformal procedures. The parties are free may also decide at this stage that mediation is not suitable for them. 4.7 The mediators will facilitate a process that will enable the parties to structure their presentations as identify, discuss and prioritise the key issues and to enter into a negotiation process with each other about options for resolution and how they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentationcan move forward. 4.8 If necessary, the selected mediators mediator will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolutiondraw up an agreement, if one has been reached. As a resultThis agreement is confidential to the parties unless they agree to share it with the University (in some instances, for example, the Mediation Hearing agreement may include a request for action from the University). The University will be notified by the mediator as to whether an agreement has been designed to be as informal as possible. Rules reached through the Office of evidence shall not apply. There the Ombud. 4.9 During the process the following principles will be no transcript adhered to: ▪ All meetings are confidential. The only exception to this rule is where there is evidence of a serious breach of Statutory/University rules or policy or where there is evidence of serious risk to health and safety. In those circumstances the Office of the proceedings, and no party may make a tape recording of Ombud will have the Mediation Hearing. viidiscretion to terminate the process. In order ▪ All parties have the right to facilitate a free and open discussion, withdraw from the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation process at any time during the proceedingstime. ▪ Mediation is voluntary and is not legally binding.

Mediation Procedure. The Chairman Mediator(s) shall apply the mediation procedures and processes provided for herein (not the rules of the ADR organization with which they are affiliated) and shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediatorsmediator(s), unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- cross-examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators mediator(s) will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators mediator(s) may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators mediator(s) may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iviii. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediatorsmediator(s), or any one or more of the selected mediators, will sit in on the negotiations.. Page 5 of 23 v. iv. After the close of the presentations, the selected mediators mediator(s) may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. v. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. viivi. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediatorsmediator(s), and decisions or recommendations in any Mediation proceeding shall be executed by each party. viiivii. Upon request of the selected mediatorsmediator(s), or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.