Mediation Process. A. Mediation is a form of Alternative Dispute Resolution (ADR) that may be requested by the City or the PBA. It is an alternative, not a substitute for the formal arbitration process contained in Section 19.8 above. Mediation is an informal process in which a neutral third party assists the opposing parties in reaching a voluntary, negotiated resolution of a charge of discipline. The decision to mediate is completely voluntary for the PBA and the City. Mediation gives the parties the opportunity to discuss the issues raised in the charging document, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, incorporate those areas of agreement into solutions. A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone.
B. If both parties agree, a mediation session conducted by a trained and experienced mediator shall be scheduled at a mutually convenient date and time. Either party may choose to have an attorney represent them during mediation. Persons attending the mediation session shall have the authority to resolve the dispute. If mediation is unsuccessful, the parties may proceed to follow the provisions for Arbitration. Information disclosed during mediation will not be revealed to anyone.
C. The parties and, if they desire, their representatives and/or attorneys, are invited to attend a mediation session. No one else may attend without the permission of the parties and the consent of the mediator(s).
D. The mediator(s) will not function as the representative of either party. However, the mediator(s) may assist the parties in understanding their rights and the terms of any proposed settlement agreement. Each party acknowledges being advised to seek independent legal review prior to signing any settlement agreement.
E. The parties acknowledge that the mediator(s) possesses the discretion to terminate the mediation at any time of any impasse occurs or either party or the mediator deems the case inappropriate for mediation.
F. Prior to mediation, both the City and the PBA (or Employee, only in disciplinary matters) shall enter into a confidentiality agreement, as follows:
1. This is an agreement by the parties to participate in a mediation involving the City against the above name...
Mediation Process. (a) The Parties shall participate in good faith and in a timely and responsive manner in the Mediation Procedure. A copy of the Mediation Notice and the Mediation Response shall be delivered to the Mediator within two Business Days after his or her appointment. The Mediator shall, after consultation with the Parties, set the date, time and place for the mediation as soon as possible after being appointed.
(b) The location of the mediation will be St. John’s, Newfoundland and Labrador, unless otherwise agreed to by the Parties, and the language of the mediation will be English.
(c) The Parties shall provide such assistance and produce such Information as may be reasonably necessary, and shall meet together with the Mediator, or as otherwise determined by the Mediator, in order to resolve the Dispute.
(d) If the mediation is not completed within 10 Business Days after appointment of the Mediator pursuant to Section 4.2, the mediation will be considered to have failed to resolve the Dispute and the Mediation Procedure will be deemed to be terminated, unless the Parties agree in writing to extend the time to resolve the Dispute by mediation.
(e) Each Party shall each bear its own costs and expenses associated with the mediation, but the Parties shall share the common costs of the mediation equally (or in such other proportions as they may agree), including the costs of or attributable to the Mediator and the facilities used for the mediation.
Mediation Process. (1) Within five days of receipt of a written request a mediator will be assigned. Mediators will be mutually agreed to by the Union and the Employer. Costs associated with the Mediators will be borne by the Employer.
(2) The mediation will be completed within 10 working days from the date of assignment or as soon thereafter as practicable.
(3) Union members may be accompanied by a union representative to provide support.
(4) The Mediator will, in situations, where the mediation results in a resolution, generate a Settlement Agreement within five working days of the conclusion of the mediation. Settlement Agreements will not alter, modify or amend any part of the collective agreement and will be administered in accordance with the terms of the collective agreement. The Settlement Agreement will be signed by and exchanged by both parties with copies going to the Area Office of the Union and the Vice-President, Human Resources or designate.
(5) Should either party to the Settlement Agreement within the first six months of the agreement be of the opinion that the agreement has been breached, they will make their views known to the union representative and the Vice-President, Human Resources or designate who will work with the parties in an effort to restore the agreement. This may involve referring the parties back to the original mediator.
(6) Any initial issue arising between the parties to the Settlement Agreement beyond the first six months of the agreement will be deemed to be a new issue and will be dealt with through the appropriate mechanism.
(7) In situations where, in the opinion of the Mediator, a resolution is not to be found, the Mediator will conclude the mediation. This will be done in consultation with the union representative and the Vice-President, Human Resources or designate. The Mediator will, within 10 working days of the conclusion of mediation, issue a report to the union representative and Vice-President, Human Resources or designate outlining the reasons for concluding the mediation. In the event that this process does not resolve the complaint, the employee may pursue it through the Complaint Procedure.
Mediation Process. If the City and Applicant are unable to resolve a disagreement subject to mediation, the parties shall attempt within thirty (30) calendar days to appoint a mutually acceptable mediator with knowledge of the legal issue in dispute. If the City and Applicant are unable to agree on a single acceptable mediator, they shall each, within fifteen (15) calendar days, appoint their own representative. These two representatives shall, between them, choose the single mediator. Applicant and the City shall split the fees of the chosen mediator, each Party paying 50% of the fees. The chosen mediator shall within thirty (30) calendar days, review the positions of the parties regarding the mediation issue and promptly attempt to mediate the issue between the parties. If the parties are unable to reach agreement, the mediator shall notify the parties in writing of the resolution that the mediator deems appropriate. The mediator's opinion shall not be binding on the parties.
Mediation Process. 1. The mediation process shall commence with the assignment of the mediator and continue until a Tentative Agreement is reached, or impasse has been mutually declared. At this time the Board may give a final offer to the Union.
2. The mediator shall have no authority to bind the parties to any agreement; nor shall s/he alter, modify or amend any agreement between the parties.
3. The process described herein shall not abrogate the Union’s right under ORC 4117.14 D.2 to conduct a lawful strike providing the following conditions are met:
a. The Agreement has expired.
b. The statutorily required ten (10) days written notice (including the date and the time of commencement of the job action) has been appropriately filed.
c. There shall be no partial, part-time, or selected hourly strikes.
4. The procedures contained in this Article constitute the parties’ mutually agreed dispute resolution procedure, and are intended to supersede any contrary provision of Revised Code Chapter 4117 (Public Employees Collective Bargaining Law).
Mediation Process. The disputing parties shall attempt in good faith to resolve their dispute in accordance with procedures and a timetable established by the mediator. In furtherance of the mediation efforts, the mediator may:
Mediation Process. The cases selected by Plaintiffs and Biomet for resolution pursuant to this paragraph, will be mediated with the assistance of Xxxxxx Xxxxxx of ADR Solutions in Philadelphia, who will act as the mediator to work with the 4 Biomet may agree to mediate other Paragraph 2(b) cases if there is evidence of implant failure as a result of metal wear and there is a viable cause of action under the applicable state law. Parties to resolve any of the mediation cases, pursuant to this paragraph. Beginning in October 2014, the mediator will schedule, in consultation with the PEC and Biomet, firm-by-firm mediations to take place in Philadelphia. The Parties will confer in good faith, attempting to agree on values for all mediated cases. Any mediated case not resolved by December 5, 2014, subject to the aggregate settlement percentage requirements set forth in Paragraph 5, will be remanded, pursuant to an appropriate order of the Court.
Mediation Process. (a) Either party, with the written agreement of the other party, may submit a grievance to Grievance Mediation at any time within fourteen (14) calendar days after the Employer's decision at Step No. 3 of the grievance procedure. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration.
(b) Grievance Mediation may commence within fourteen (14) calendar days of the grievance being submitted to mediation, or longer period as agreed by the parties.
(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.
(d) The parties shall agree on a mediator.
(e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party.
(f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Meeting.
(g) The Mediator will have the authority to meet separately with either party.
(h) If no settlement is reached through Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement.
(i) Settlement discussions or notes from such grievance mediation shall not be admissible at arbitration.
(j) The Union and Employer will share the cost of the Mediator, if any.
Mediation Process. After receipt of the decision by the Superintendent/designate, within 10 working days, either party may request that a Mediator be appointed to meet with the parties, investigate and define the issues in dispute and facilitate a resolution. Both parties must agree to this mediation process The mediator shall be appointed by mutual agreement between the parties. The purpose of the Mediator’s involvement in the process is to assist the parties in reaching a resolution of the dispute. Any discussions, proposals, and/or materials generated for that purpose are to be considered privileged. Both parties shall disclose all materials and information relevant to the issue in dispute. The expenses of the Mediator shall be borne equally by both parties. The grievance may be resolved by mutual agreement between the parties, within 10 working days of the first meeting the parties, having considered the issue in dispute and the terms of the collective agreement, the Mediator shall issue a report including non-binding recommendation.
Mediation Process. The facilitator and representatives of all of the parties to the dispute shall meet within 14 calendar days after the facilitator has been selected and attempt in good faith to negotiate a resolution to the dispute. Each party’s representative designated to participate in the mediation process must have the authority to settle the dispute (or, at a minimum, be authorized to negotiate on behalf of the party and make recommendations with respect to settlement of the dispute if final authority to approve a settlement is reserved to a party’s board, executive committee, commission, or other governing body). At the parties’ initial meeting with the facilitator, the facilitator shall, after soliciting input from the parties to the dispute, set the schedule for further meetings among the parties to the dispute (subject to the 60-day maximum mediation period specified in Section C.5.6 below). The parties to the dispute shall comply with the schedule set by the facilitator and attempt in good faith at every meeting to negotiate a resolution to the dispute. To the extent permitted by law, neither the facilitator nor any party to the dispute may publicly disclose, rely on, or introduce as evidence in any subsequent arbitration, FERC proceeding, Canadian Regulatory Authority proceeding, proceeding before a Mexican Regulatory Authority, appeal, or litigation concerning the same or any related dispute: (i) any views expressed or suggestions made by another party to the dispute with respect to a possible settlement of the dispute; (ii) admissions made by another party to the dispute in the course of the mediation proceedings; (iii) proposals made or views expressed by the facilitator; or (iv) the fact that another party to the dispute has or has not indicated willingness to accept a proposal for settlement made by the facilitator. In those cases in which a party to a dispute subject to the provisions of this Appendix C of the Bylaws is a membership organization (including WECC, if applicable), nothing in the preceding sentence shall prohibit that organization from reasonably communicating with its members and governing body to share general information about the dispute, such as the parties, status, disputed issues, and positions of each of the parties with respect to the disputed issues.
