Common use of Mediation Rules Clause in Contracts

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. Proceedings before the mediator shall be informal in nature. There shall be no formal evidence rules. No transcript or record of the mediation conference shall be made. The mediator shall attempt to assure that all necessary facts and considerations are revealed. i. Written material presented to the mediator shall be returned to the party representing that material at the termination of the mediation conference, except that the mediator may retain one copy of the written grievance to be used solely for the purposes of statistical analysis. j. In the event that a grievance which has been mediated is appealed to arbitration, the mediator may not serve as arbitrator, nor may the mediator be placed on any panel from which an arbitrator is to be selected by the parties. In the arbitration proceedings there shall be no reference to the fact that a mediation conference was or was not held. Nothing said or done by the mediator may be referenced or introduced into evidence at the arbitration hearing and nothing said or done by either party for the f1rst time in the mediation conference may be used against it in arbitration. k. If no settlement is reached in mediation, the grievance may be appealed to arbitration in accordance with Section

Mediation Rules. The Employer and the Association agree to a procedure for the mediation of grievances in accordance with the following: a. 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. B. The Association must notify the District in writing within five (5) working 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. 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. 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. E. The grievant shall have the right to be present at the mediation conference. f. F. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. g. 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. H. The presentation of facts and consideration shall not be limited to those presented at Level l or Level II of the grievance process. Proceedings before the mediator shall be informal in nature. There shall be no formal evidence rules. No transcript or record of the mediation conference shall be made. The mediator shall attempt to assure that all necessary facts and considerations are revealed. i. I. Written material presented to the mediator shall be returned to the party representing that material at the termination of the mediation conference, except that the mediator may retain one copy of the written grievance to be used solely for the purposes of statistical analysis. j. J. In the event that a grievance which has been mediated is appealed to arbitration, the mediator may not serve as arbitrator, nor may the mediator be placed on any panel from which an arbitrator is to be selected by the parties. In the arbitration proceedings there shall be no reference to the fact that a mediation conference was or was not held. Nothing said or done by the mediator may be referenced or introduced into evidence at the arbitration hearing and nothing said or done by either party for the f1rst time in the mediation conference may be used against it in arbitration. k. K. If no settlement is reached in mediation, the grievance may be appealed to arbitration in accordance with Sectionthe collective bargaining agreement between the parties. If the Association desires to appeal the grievance to arbitration, written notice of such appeal must be made within ten (10) days following the termination of the mediation conference. L. The mediator shall conduct no more than three (3) mediations per day. M. Starting time for the mediation shall be agreed to by the District and the Association. N. The parties have agreed upon these rules for Mediation. O. The fees and expenses of the mediator shall be shared equally by the parties.

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. Proceedings before the mediator shall be informal in nature. There shall be no formal evidence rules. No transcript or record of the mediation conference shall be made. The mediator shall attempt to assure that all necessary facts and considerations are revealed. i. Written material presented to the mediator shall be returned to the party representing that material at the termination of the mediation conference, except that the mediator may retain one copy of the written grievance to be used solely for the purposes of statistical analysis. j. In the event that a grievance which has been mediated is appealed to arbitration, the mediator may not serve as arbitrator, nor may the mediator be placed on any panel from which an arbitrator is to be selected by the parties. In the arbitration proceedings there shall be no reference to the fact that a mediation conference was or was not held. Nothing said or done by the mediator may be referenced or introduced into evidence at the arbitration hearing and nothing said or done by either party for the f1rst time in the mediation conference may be used against it in arbitration. k. If no settlement is reached in mediation, the grievance may be appealed to arbitration in accordance with SectionSection 3.20 of the collective bargaining agreement between the parties. If the Association desires to appeal the grievance to arbitration, written notice of such appeal must be made within ten (10) days following the termination of the mediation conference. l. The mediator shall conduct no more than three (3) mediations per day. m. Starting time for the mediation shall be agreed to by the District and the Association. n. The parties have agreed upon these rules for Mediation. o. The fees and expenses of the mediator shall be shared equally by the parties.

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. Proceedings before the mediator shall be informal in nature. There shall be no formal evidence rules. No transcript or record of the mediation conference shall be made. The mediator shall attempt to assure that all necessary facts and considerations are revealed. i. Written material presented to the mediator shall be returned to the party representing that material at the termination of the mediation conference, except that the mediator may retain one copy of the written grievance to be used solely for the purposes of statistical analysis. j. In the event that a grievance which has been mediated is appealed to arbitration, the mediator may not serve as arbitrator, nor may the mediator be placed on any panel from which an arbitrator is to be selected by the parties. In the arbitration proceedings there shall be no reference to the fact that a mediation conference was or was not held. Nothing said or done by the mediator may be referenced or introduced into evidence at the arbitration hearing and nothing said or done by either party for the f1rst first time in the mediation conference may be used against it in arbitration. k. If no settlement is reached in mediation, the grievance may be appealed to arbitration in accordance with SectionSection 3.20 of the collective bargaining agreement between the parties. If the Association desires to appeal the grievance to arbitration, written notice of such appeal must be made within ten (10) days following the termination of the mediation conference. l. The mediator shall conduct no more than three (3) mediations per day. m. Starting time for the mediation shall be agreed to by the District and the Association. n. The parties have agreed upon these rules for Mediation. o. The fees and expenses of the mediator shall be shared equally by the parties.

Mediation Rules. The Employer and the Association agree to a procedure for the mediation of grievances in accordance with the following: a. 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. B. The Association must notify the District in writing within five (5) working 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. 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. . D. 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. E. 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. F. The grievant shall have the right to be present at the mediation conference. f. G. There shall be one (1) person from each party designated as spokesperson for that party at the mediation conference. g. X. The mediator will have the authority to meet separately with either party, party but will not have the authority to compel the resolution of a grievance. h. I. The presentation of facts and consideration shall not be limited to those presented at Level l or Level II of the grievance process. Proceedings before the mediator shall be informal in nature. There shall be no formal evidence rules. No transcript or record of the mediation conference shall be made. The mediator shall attempt to assure that all necessary facts and considerations are revealed. i. X. Written material presented to the mediator shall be returned to the party representing that material at the termination of the mediation conference, except that the mediator may retain one copy of the written grievance to be used solely for the purposes of statistical analysis. j. K. In the event that a grievance which has been mediated is appealed to arbitration, the mediator may not serve as arbitrator, nor may the mediator be placed on any panel from which an arbitrator is to be selected by the parties. In the arbitration proceedings there shall be no reference to the fact that a mediation conference was or was not held. Nothing said or done by the mediator may be referenced or introduced into evidence at the arbitration hearing and nothing said or done by either party for the f1rst first time in the mediation conference may be used against it in arbitration. k. L. If no settlement is reached in mediation, the grievance may be appealed to arbitration in accordance with Sectionthe collective bargaining agreement between the parties. If the Association desires to appeal the grievance to arbitration, written notice of such appeal must be made within ten (10) days following the termination of the mediation conference. M. The mediator shall conduct no more than three (3) mediations per day. N. Starting time for the mediation shall be agreed to by the District and the Association. O. The parties have agreed upon these rules for Mediation. P. The fees and expenses of the mediator shall be shared equally by the parties.

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. Proceedings before the mediator shall be informal in nature. There shall be no formal evidence rules. No transcript or record of the mediation conference shall be made. The mediator shall attempt to assure that all necessary facts and considerations are revealed. i. Written material presented to the mediator shall be returned to the party representing that material at the termination of the mediation conference, except that the mediator may retain one copy of the written grievance to be used solely for the purposes of statistical analysis. j. In the event that a grievance which has been mediated is appealed to arbitration, the mediator may not serve as arbitrator, nor may the mediator be placed on any panel from which an arbitrator is to be selected by the parties. In the arbitration proceedings there shall be no reference to the fact that a mediation conference was or was not held. Nothing said or done by the mediator may be referenced or introduced into evidence at the arbitration hearing and nothing said or done by either party for the f1rst first time in the mediation conference may be used against it in arbitration. k. If no settlement is reached in mediation, the grievance may be appealed to arbitration in accordance with SectionSection 3.28 of the collective bargaining agreement between the parties. If the Association desires to appeal the grievance to arbitration, written notice of such appeal must be made within ten (10) days following the termination of the mediation conference. l. The mediator shall conduct no more than three (3) mediations per day. m. Starting time for the mediation shall be agreed to by the District and the Association. n. The parties have agreed upon these rules for Mediation. o. The fees and expenses of the mediator shall be shared equally by the parties.