Mediation Procedures. The mediation procedure shall be entirely informal in nature. However, copies of exhibits upon which either party bases its case shall be shared with the other party. The relevant facts should be elicited in a narrative fashion to the extent possible, rather than through examination and cross-examination of witnesses. The rules of evidence will not apply and no record of the proceedings will be made. All persons involved in the events giving rise to the grievance should be encouraged to participate fully in the proceeding, both by stating their views and by asking questions of the other participants at the mediation hearing.
Mediation Procedures. In the event a dispute concerning this Agreement arises, any party seeking relief shall mail or deliver a written demand to the other party, describing the relief sought and the basis for such relief. The City and the Landscape Architect shall attempt to informally negotiate a resolution of such demand. In the event the negotiations fail or no resolution is reached within fifteen days after receipt of the demand, whichever first occurs, the dispute shall be submitted to non-binding mediation. Each party shall pay in equal shares all fees and costs assessed by the mediator. Unless agreed in writing otherwise, the failure of any party making a demand to request mediation within thirty days of the original submission of the demand shall be deemed a waiver of mediation requirements herein, and the parties shall proceed pursuant to Section B of this Article. In the event the dispute is submitted to arbitration, the parties may enter into a written agreement to stay arbitration pending completion of mediation.
Mediation Procedures. A. If agreement is not reached after a reasonable period of negotiations and within forty- five (45) days of the scheduled start of the school year, either party may declare to the other in writing that an impasse exists and call for a mediator. The other party shall join in such request. No mediator shall have authority to make public any recommendations for settlement.
Mediation Procedures. The mediation procedure shall be entirely informal in nature. The primary effort of the mediator shall be to assist the parties in settling the stated grievance in a mutually satisfactory fashion. In attempting to achieve a settlement, the mediator is free to use all of the techniques customarily associated with the mediation process, including private conferences with only one (1) party. However, copies of exhibits upon which either party bases its case shall be shared with the other party. The relevant facts should be elicited in a narrative fashion to the extent possible, rather than through examination and cross-examination of witnesses. All persons involved in the events giving rise to the grievance should be encouraged to participate fully in the proceeding, both by stating their views and by asking questions of the other participants at the mediation hearing. The rules of evidence will not apply and no record of the proceedings will be made. Neither attorneys nor court reporters or any other type of note taker shall be allowed to be present at the proceedings.
Mediation Procedures. The mediation procedure shall be entirely informal in nature; however, copies of exhibits upon which either party bases its case shall be shared with the other party. The relevant facts should be elicited in a narrative fashion to the extent possible, rather than through examination and cross-examination of witnesses. The rules of evidence will not apply and no record of the proceedings will be made. All persons involved in the events giving rise to the grievance should be encouraged to participate fully in the proceedings, both by stating their views and by asking questions of other participants at the mediation meeting. The primary effort of the mediator shall be to assist the parties in settling the stated grievance in a mutually satisfactory fashion. In attempting to achieve a settlement, the mediator is free to use all of the techniques customarily associated with the mediation process, including private conferences with only one party. No offers or concessions made by the parties or the mediator during mediation can be used against a party during arbitration. Neither attorneys nor court reporters or any other type of note taker shall be allowed to be present at the proceedings. If the parties agree to be bound by the mediator's recommendation, the subsequent agreement shall be reduced to writing and signed by the parties.
Mediation Procedures. 1. The mediator shall be neutral and impartial.
Mediation Procedures. 1. When mediation is to be used, the Federal Mediation and Conciliation Service (FMCS) shall be requested by the parties to appoint a mediator from its staff. The mediator shall meet with the parties or their representatives, or both, forthwith, either jointly or separately, and shall take such steps as may be deemed appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator shall not, without the consent of both parties, make findings public or recommend terms of the settlement.
Mediation Procedures. If any dispute, controversy or claim arises between the Parties that cannot be resolved the Parties agree to attempt to resolve such dispute, controversy or claim (except as to any issue relating to intellectual property) by non-binding mediation administered by the American Arbitration Association (“AAA”) in accordance with its commercial mediation rules. Unless otherwise agreed by the Parties, the mediation shall be held in New York, New York and shall be attended by the Chief Executive Officer of Transition or designee and the Chief Executive Officer of Lilly or designee. The mediation shall be held on a mutually agreeable date which shall not be later than thirty (30) days following any Party’s request for mediation. The fees of the mediator shall be shared equally by the Parties.
Mediation Procedures. Mediation is a voluntary process in which a neutral third party, who lacks authority to impose a solution, helps participants reach their own agreement for resolving a dispute or transaction. Utility and Railroad agree to act in good faith negotiation, with the jointly appointed mediator, to reach an agreement, utilizing the following basic roles of the mediator in the Dispute resolution: - urging participants to agree to talk; - helping participants understand the mediation process; - carrying messages between parties; - helping participants agree upon an agenda; - setting an agenda; - providing a suitable environment for negotiation; - maintaining order; - helping participants understand the problem(s); - defusing unrealistic expectations; - helping participants develop their own proposals; - helping participants negotiate; - persuading participants to accept a particular solution.
Mediation Procedures. 1.1 The mediation shall be held according to this Agreement to Mediate (Mediation Agreement).
