Mediation Rules Sample Clauses
Mediation Rules. The Employer and the Association agree to a procedure for the mediation of grievances in accordance with the following:
a. A grievance may be referred to mediation if the Association is not satisfied with the disposition of the grievance at Level III of the grievance process contained within the collective bargaining agreement, or if no written decision has been received from the District within the time limits prescribed in Level III.
b. The Association must notify the District in writing within five (5) days of the conclusion of Level III of the Association's desire to refer the grievance to mediation. The District shall respond to the Association whether or not the District agrees to the mediation of the grievance no later than two (2) days prior to the Association's contractual deadline for the submission of a grievance to arbitration or within five (5) days of receipt of the written notification, whichever is sooner.
c. The District and the Association must mutually agree to submit a grievance to mediation. If the parties agree to submit a grievance to mediation, then the timelines and procedures contained within the grievance process of the collective bargaining agreement, which provide for the submission of a grievance to binding arbitration, shall be held in abeyance until such time as written notification of appeal is provide by the Association to the District. The date on which written notification of appeal is filed by the Association with the District shall serve as the date from which the timelines and process contained within the collective bargaining agreement, which provide for the submission of a grievance to binding arbitration, shall be enforced.
d. Within five (5) days following the agreement of the District and the Association to mediate the grievance, the parties shall have mutually agreed on a mediator or else the parties shall discontinue mediation and the Association may pursue the grievance in accordance with the arbitration provisions of this Agreement.
e. The grievant shall have the right to be present at the mediation conference.
f. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference.
g. The mediator will have the authority to meet separately with either party, but will not have the authority to compel the resolution of a grievance.
h. The presentation of facts and consideration shall not be limited to those presented at Level l or Level II of the grievance process...
Mediation Rules. The mediation shall take place in Sydney, Australia and will be administered by ACICA.
Mediation Rules. 2.1 The Mediation Rules of the Chartered Institute of Arbitrators (“Mediation Rules”) effective at the Effective Date (as defined in Schedule 1) are incorporated into, and form part of, the Agreement save as otherwise provided by any amendments and/or additions set out in Schedule 2. If no such amendments and/or additions are set out in Schedule 2, then there are deemed to be no such amendments and/or additions.
Mediation Rules. JAMS’ current mediation procedures are available at JAMS’ website at xxx.xxxxxxx.xxx.
Mediation Rules. The parties agree that the mediation will be conducted in accordance with the following rules:
Mediation Rules. INTERPRETATION 1
Mediation Rules. The Parties declare that they accept and have been fully informed by their Legal Representatives (if any) and the Mediator, and agree that:
5.1 The mediation process does not constitute a judicial or arbitral procedure.
5.2 Unless the Parties agree otherwise, the UNCITRAL Mediation Rules 2021 shall apply to the extent that they are not inconsistent with the provisions of this Agreement.
5.3 The Parties participate in this mediation process voluntarily, during which the Mediator will assist in exploring the resolution of the dispute between them and their settlement agreement.
5.4 The Mediator does not take decisions, does not provide legal services and does not have to rely on legal and other principles. However, it must act impartially and assist the Parties by facilitating dialogue and negotiation between them and is entitled to make recommendations that are not binding.
5.5 The Mediator communicates and may meet each of the Parties in private sessions as part of the Mediation process. Information obtained through such contacts with one Party shall not be communicated to the other Party without the consent of the Party from which such information was obtained.
5.6 The Parties may freely withdraw from the Mediation process at any time without giving any reason.
5.7 The Mediation process is confidential, no minutes are kept, and discussions held during Mediation may not be used in any civil, judicial or arbitration proceedings unless required by overriding reasons of public policy, in particular to ensure the protection of the primary interests of children or to avoid the risk of harm to the physical or psychological integrity of a person.
5.8 The contracting parties undertake to maintain the confidentiality of the mediation process, to refrain from any declaration as to the submission of their dispute to mediation (save for the purposes of adjourning any court proceedings) and to keep confidential the content of the agreement they may reach during mediation, unless: i Disclosure is required on imperative grounds of public policy, mainly to ensure the protection of the primary interests of children or to avoid the risk of harm to the physical or psychological integrity of a person. ii The disclosure of the content of this agreement is necessary for its implementation or execution, in accordance with section 32 of Law 159(I)/2012 or if this is required for reasons of public policy.
5.9 If the dispute is brought before ordinary courts or in arbitration, the ...
Mediation Rules. The Owner and Design-Builder shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless the Parties agree to submit the matter to mutually agreeable neutral.
Mediation Rules. Upon delivery of the mediation request, the Parties shall endeavor in good faith to select a neutral mediator who is acceptable to each Party. If the Parties have not selected a mutually acceptable neutral mediator within five (5) business days after delivery of the mediation request, they shall notify the AAA and request the AAA to appoint a mediator in accordance with the Mediation Rules. Unless otherwise agreed upon by the Parties, all mediation sessions shall be held at the AAA regional office in the Washington D.C.
Mediation Rules. The parties (or their duly authorized representatives) must attend at nay conference arranged by the mediator. The mediation will be conducted under and in accordance with such procedures and rules as may be agreed between the parties and, failing agreement, in accordance with the mediation rules of the Mediator.