Common use of Mediation Process Clause in Contracts

Mediation Process. a. Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) calendar days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration. b. Grievance Mediation will commence within twenty-one (21) 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 Conference. g. The Mediator will have the authority to meet separately with either party. h. If no settlement is reached within five (5) days following the Grievance Mediation, the parties are free to submit the matter of arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an arbitrator except for a request filed under Section 50 of the Ontario Labour Relations Act. Nothing said or done by the Mediator may be referred to arbitration. i. The Union and the Employer will share the cost of the Mediator, if any.

Mediation Process. a. (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) calendar days after the Employer’s decision has been rendered at STEP 3 of the step prior to arbitrationgrievance procedure provided for in Article 8. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitrationArbitration. b. (b) Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. c. (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. (d) The parties shall agree on a Mediatormediator. 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 Conference. g. (e) The Mediator will have the authority to meet separately with either party. h. (f) If no settlement is reached within five (5) days following the Grievance Mediation, the parties are free to submit the matter of arbitration to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as Article 9 hereof. (g) Proceedings before the Mediator may serve as an arbitrator except for a request filed under Section 50 shall be informal. Accordingly the rules of evidence will not apply and no record of the Ontario Labour Relations Act. Nothing said or done by the Mediator may proceedings shall be referred to arbitrationmade. i. (h) The Union and the Employer will share the cost of the Mediator, if any.

Mediation Process. a. a) Either party, with the written agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten fourteen (1014) calendar days after the Employer’s decision has been rendered at Step No. 3 of the step prior to arbitrationgrievance procedure. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitrationArbitration. b. b) Grievance Mediation will may commence within twenty-one fourteen (2114) calendar days of the grievance being submitted to mediation, or longer period as agreed by the parties. c. 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. d) The parties shall agree on a Mediatormediator. e. 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. f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation ConferenceMeeting. g. g) The Mediator will have the authority to meet separately with either party. h. h) If no settlement is reached within five (5) days following the through Grievance Mediation, the parties are free to submit the matter of arbitration to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a collective agreement. i) Settlement discussions or notes from such grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an arbitrator except for a request filed under Section 50 of the Ontario Labour Relations Act. Nothing said or done by the Mediator may mediation shall not be referred to admissible at arbitration. i. j) The Union and the Employer will share the cost of the Mediator, if any.

Mediation Process. a. ‌ (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) calendar working days after the Employer’s decision has been rendered at Step No. 3 of the step prior to arbitrationgrievance procedure. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration.Arbitration b. (b) Grievance Mediation will commence shall be scheduled within twenty-one twenty (2120) days of the grievance being submitted to mediation, or longer period as agreed by the parties. c. (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. (d) The parties shall agree on a Mediatormediator. e. (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. (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation ConferenceMeeting. g. (g) The Mediator will have the authority to meet separately with either party. h. (h) If no settlement is reached within five ten (510) working days following the Grievance Mediation, the parties are free to submit the matter of arbitration to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a collective agreement. (i) Settlement discussions or notes from such grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an arbitrator except for a request filed under Section 50 of the Ontario Labour Relations Act. Nothing mediation including anything said or done by the Mediator may mediator, shall not be referred to admissible at arbitration. i. (j) The Union and the Employer will share the cost of the Mediator, Mediator if any.

Mediation Process. a. a) Either party, party with the agreement of the other party, party may submit a grievance to Grievance Mediation grievance mediation at any time within ten (10) calendar 10 days after the Employeremployer’s decision has been rendered at the step to prior to arbitration. Where Were the matter is so referred, the mediation process shall take place before the matter is referred to arbitration.an Arbitrator b. b) Grievance Mediation mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, mediation or longer period as agreed by the parties. c. c) No matter may be submitted to Grievance Mediation grievance mediation which has not been properly carried through the grievance procedure, procedure provided that the parties may extend the time limits fixed in the grievance procedure. d. d) The parties party shall agree on a Mediator.mediator e. e) Proceedings before the Mediator mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings precedings shall be made and legal counsel shall not be used by either party. f. f) If possible, an agreed statement of facts will be provided to the Mediator, mediator and if possible, possible in advance of the Grievance Mediation Conferencegrievance mediation conference. g. g) The Mediator mediator will have the authority to meet separately with either party. h. h) If no settlement is reached within five (5) days following the Grievance Mediation, grievance mediation the parties are free to submit the matter of arbitration to mediation in accordance with the provisions of the Collective Agreementcollective agreement. In the event that a the grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator a mediator may serve as an arbitrator except for a request filed under Section 50 of the Ontario Labour Relations Actarbitrator. Nothing said or done by the Mediator mediator may be referred to arbitration. i. i) The Union union and the Employer employer will share the cost of the Mediator, mediator if any.

Mediation Process. a. (a) Either party, with the written agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten fourteen (1014) calendar days after the Employer’s 's decision has been rendered at Step No. 3 of the step prior to arbitrationgrievance procedure. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitrationArbitration. b. (b) Grievance Mediation will may commence within twenty-one fourteen (2114) calendar days of the grievance being submitted to mediation, or longer period as agreed by the parties. c. (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. (d) The parties shall agree on a Mediatormediator. e. (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. (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation ConferenceMeeting. g. (g) The Mediator will have the authority to meet separately with either party. h. (h) If no settlement is reached within five (5) days following the through Grievance Mediation, the parties are free to submit the matter of arbitration to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a collective agreement. (i) Settlement discussions or notes from such grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an arbitrator except for a request filed under Section 50 of the Ontario Labour Relations Act. Nothing said or done by the Mediator may mediation shall not be referred to admissible at arbitration. i. (j) The Union and the Employer will share the cost of the Mediator, if any.

Mediation Process. a. Either party(i) The parties may, with the by mutual written agreement after Step III of the other partygrievance procedure, may submit a grievance to Grievance Mediation at any time within ten in an attempt to resolve a grievance. (10ii) calendar days after The parties will endeavour to agree on the Employer’s decision has been rendered at selection of a Mediator. In the step prior to arbitration. Where the matter is so referredevent that no agreement can be reached, the mediation process shall take place before grievance will be referred back to the matter is referred to arbitrationstandard Arbitration process. b. Grievance Mediation will commence within twenty-one (21iii) 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 A joint statement of facts will be provided prepared by the parties and presented to the Mediator. (iv) Any further non-agreed to facts may be presented to the Mediator in a narrative fashion. (v) This would include collective agreement clauses, facts, case law and if possible, arguments in advance support of separate positions on the issues. (vi) Any written material presented to the Mediator will be returned to the issuing party at the conclusion of the Grievance Mediation ConferenceMediation. g. (vii) The Mediator rules of evidence will have apply and no recording of the authority to meet separately with either partyproceedings will be made. h. (viii) The grievor(s) and management person(s) affected by the case will fully participate in the proceeding with their respective labour relations representative(s). (ix) The objective of the Mediator is to assist the parties in reaching a mutually acceptable settlement as expeditiously as possible. If no settlement is reached within five thirty (530) days following from the Grievance Mediationlast meeting with the Mediator, the parties are free Mediator will give a non-binding recommendation based on the collective agreement provisions and how he/she would decide on the case if it were to submit the matter of arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an arbitrator except for a request filed under Section 50 of the Ontario Labour Relations Act. Nothing said or done by the Mediator may be referred proceed to arbitration. i. (x) Mediation will take place at a site agreed to by the parties-normally at Union or management offices or at the workplace. (xi) The Union and the Employer parties will equally share the cost of fees and expenses of the Mediator. (xii) Mediation awards will have no precedential value and shall not thereafter be referred to by the parties in respect of any other matter in any other setting. (xiii) A grievance may be removed from the Mediation process at any time prior to the hearing and forwarded to the standard arbitration process. (xiv) Following the mediation process, if anyno settlement is achieved within fourteen (14) calendar days, the parties may advance the grievance to the standard arbitration process. (xv) Following the mediation process, if no settlement is achieved, upon mutual agreement, the parties may, notwithstanding Article 11, request the Mediator to arbitrate the grievance.