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. 18.8.1 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. However, the parties are free to take notes during the mediation. 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 the other participants at the mediation.
18.8.2 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. If the grievance is not settled, granted, or withdrawn, the Superintendent or his/her designee shall provide a written decision to the grievant and exclusive representative within fifteen (15) working days after the close of the final Level II mediation. If by the mutual agreement of both parties, no Level II mediation is held, the Superintendent or his/her designee shall provide a written decision to the grievant and exclusive representative within fifteen (15) working days of receipt of the written Level II grievance.
18.8.3 The parties understand that mutual agreements secured at Level II are precedent setting unless the parties stipulate otherwise.
18.8.4 Any grievance not resolved within fifteen (15) working days after the final mediation session with no subsequent mediation session(s) scheduled and which the Union wishes to pursue may be appealed by the Union to Level III.
18.8.5 Offers or concessions made by the parties during mediation shall not be used against a party during any subsequent arbitration.
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 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.
B. The Federal Mediation and Conciliation Service shall be requested by the parties to appoint a mediator. If FMCS is unable to provide a mediator within a reasonable period of time, the parties shall request the services of a mediator from the Illinois Educational Labor Relations Board.
C. Nothing in this section shall preclude the Association and Board from jointly requesting a mediator without declaring an impasse.
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. 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.
2. If for any reason the Federal Mediation and Conciliation Service are unable or unwilling to provide a mediator within fifteen (15) calendar days of the request made to it, the parties shall seek to mutually agree upon the selection of another mediator. If the parties fail to agree within three (3) calendar days from the date of the FMCS notice, the IELRB shall be contacted to provide a mediator. Nothing herein shall preclude the parties from at any time agreeing upon a mediator from any source.
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. (i) The Parties shall, in the first instance, attempt to agree on a mediator. If the Parties cannot so agree within thirty (30) days after the Notice of Mediation is sent, either of the Parties may promptly apply to the International Chamber of Commerce for appointment of a single mediator in accordance with the Mediation Rules of the International Chamber of Commerce (the “Mediation Rules”). Absent any written agreement to the contrary by the Parties, the mediator shall be an attorney or mediator authorized to practice law in the United States. The mediator shall be paid for the mediation services, and shall be reimbursed for all reasonable and documented out of pocket costs incurred in carrying out the mediation duties hereunder, including the costs of consultants. All fees and costs of the mediation shall be shared equally by the Parties. The Parties shall request that the mediator schedule the mediation within thirty (30) days of the mediator’s appointment, and shall comply with all procedures the mediator establishes for the conduct of the mediation (it being understood and agreed that unless the Parties otherwise in writing, the results of any such mediation and any determination and/or findings made by such mediator shall not be binding upon the Parties). Absent any written agreement to the contrary by the Parties, if the Extraordinary Cost Dispute is not resolved within ninety (90) days of the Notice of Mediation, the mediation shall be terminated.
(ii) For the avoidance of doubt, absent the written agreement of the Parties, the Mediation Rules shall not apply to any mediation carried out pursuant to this Section 3.3 (
Mediation Procedures. Our church acknowledges that even as we pledge our faithfulness to God, one another and you, there may be times when difficulties within our relationship begin to overwhelm us. In those instances, we covenant with you to seek the support, advice, and wisdom of our association, conference minister, and our association committee on the ministry, in order that we actively work to maintain the goodness of our relationship and the goodness God has placed within it. Either you or the Church Council, representing our congregation, can request such a consultation, if in the opinion of either, our relationships are becoming ineffective or unhealthy.
