MEDIATIONS. In the event an agreement is not reached by the parties after sixty (60) days of bargaining, either party may request the use of mediation in an effort to reach an acceptable settlement. The negotiation teams shall request a mediator from the Federal Mediation and Conciliation Services whose rules and regulation shall cover the mediation.

MEDIATIONS. In the event that an agreement cannot be reached on items being negotiated, either party may declare that an impasse exists and further negotiation efforts are futile. The Association representatives shall, within five (5) days after declaration of impasse, specifically designate, in writing, each item to be presented to the mediator by the Association and provide same to the other party. The Board representatives shall, within five (5) d ays of receipt of the Association’s designation, specifically designate, in writing the items to be presented to the mediator by the Board and provide same to the other party. The parties shall mutually request the mediation services of the Federal Mediation and Conciliation Service. No undesignated items will be presented or considered by the mediator and any item not tentatively agreed upon in negotiations or submitted for mediation, shall be considered withdrawn from negotiations. If the mediator is unable to resolve the differences and an agreement cannot be reached, either party may call for fact finding to be implemented.

MEDIATIONS. The data in these tables is required by Task 4. 3( a)( 1 and 5 - 9 ). MEDIATION REQUESTS‌ Number of Mediation Requests by Case Type 1 st Quarter 2 nd Quarter 3 rd Quarter 4 th Quarter Year to Date Number of Mediation Requests Not Related to Hearings 44 44 Number of Mediation Requests Related to Hearings 992 992 Total Number of Mediation Requests 1,036 1,036 The “ Total Number of Mediation Requests” row in this table is the sum of the numbers in the column above it. Each number in the “ Year to Date” column i s the sum of the numbers in the row next to it. MEDIATIONS HELD‌ Mediations Held by Case Type 1 st Quarter 2 nd Quarter 3 rd Quarter 4 th Quarter Year to Date Mediations Held Not Related to Hearing Requests 25 25 Mediations Held Related to Hearing Requests 475 475 Total Number of Mediations Held 500 500 In this table, each number in the “ Total Number of Mediations Held” row is the sum of the numbers in the column above it. Each number in the “ Year to Date” column i s the sum of the numbers in the row next to it.

MEDIATIONS. The data in these tables is required by Task 4.3(a)(1-7). MEDIATION REQUESTS‌ Number of Mediation Requests 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Number of Mediation Requests Not Related to Hearings 64 40 104 Number of Mediation Requests Related to Hearings 1,255 1,156 2,411 Total Number of Mediation Requests 1,319 1,196 2,515 In the above table called “Mediation Requests” the numbers in the row “Total Number of Mediation Requests” are the sum of the numbers in the column above each number and the numbers in the column “Year to Date” are the sum of the numbers in the row next to it. MEDIATIONS HELD‌ Mediations Held 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Mediations Held Not Related to Hearing Requests 45 29 74 Mediations Held Related to Hearing Requests 721 659 1,380 Total Number of Mediations Held 766 688 1,454 In the above table called “Mediations Held” the numbers in the row “Total Number of Mediations Held” are the sum of the numbers in the column above each number and the numbers in the column “Year to Date” are the sum of the numbers in the row next to each number. MEDIATIONS NOT HELD Mediation Not Held 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Mediations Requested (from prior table) 1,319 1,196 2,515 Mediations Held (from prior table) 766 688 1,454 Total Number of Mediations Not Held 553 508 1,061 The number of mediations not held within any quarter include mediations which were canceled by one or both of the parties, continued to a different date, or canceled due to a case being closed. In the above table called “Mediations Not Held” the numbers in the row “Total Number of Mediations Not Held” are calculated by subtracting the number in the second row from the number in the second in the column above each number and the numbers in the column “Year to Date” are the sum of the numbers in the row next to each number. MEDIATION AGREEMENTS‌ Mediation Agreements 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Mediation Agreements Not Related to Hearing Requests 23 14 37 Mediation Agreements Related to Hearing Requests 446 418 864 Total Number of Mediation Agreements 469 432 901 In the above table called “Mediation Agreements” the numbers in the row “Total Number of Mediation Agreements” are the sum of the numbers in the column above each number and the numbers in the column “Year to Date” are the sum of the numbers in the row next to each number. MEDIATIONS HELD NOT RESULTING IN A...

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Hearings Within the time period specified in Section 8.4(d), the matter shall be presented to the arbitrator at a hearing by means of written submissions of memoranda and verified witness statements, filed simultaneously, and responses, if necessary in the judgment of the arbitrator or both the parties. If the arbitrator deems it to be essential to a fair resolution of the dispute, live cross-examination or direct examination may be permitted, but is not generally contemplated to be necessary. The arbitrator shall actively manage the arbitration with a view to achieving a just, speedy and cost-effective resolution of the dispute, claim or controversy. The arbitrator may, in his or her discretion, set time and other limits on the presentation of each party's case, its memoranda or other submissions, and refuse to receive any proffered evidence, which the arbitrator, in his or her discretion, finds to be cumulative, unnecessary, irrelevant or of low probative nature. Except as otherwise set forth herein, any arbitration hereunder will be conducted in accordance with the CPR Rules for Non-Administered Arbitration of Business Disputes then prevailing (except that the arbitration will not be conducted under the auspices of the CPR and the fee schedule of the CPR will not apply). Except as expressly set forth in Section 8.8(b), the decision of the arbitrator will be final and binding on the parties, and judgment thereon may be had and will be enforceable in any court having jurisdiction over the parties. Arbitration awards will bear interest at an annual rate of the Prime Rate plus 2% per annum. To the extent that the provisions of this Agreement and the prevailing rules of the CPR conflict, the provisions of this Agreement shall govern.
Mediation In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions:
Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.
Mediation/Arbitration Employee agrees that prior to filing any motion or claim against the Company or any of its employees, Employee will offer to engage in informal mediation. Each party shall bear its own costs of mediation and one-half of the cost of the mediator. Additionally, any claim by either party arising out of or related to this Agreement, or its breach, or related in any way to Employee's employment or its termination (except claims of employment discrimination under local, state or federal laws, and requests for equitable relief under Section 9 above), shall be settled by arbitration using a single arbitrator and administered by the American Arbitration Association under its Employment Dispute Resolution Rules. Any arbitration shall take place in Seattle, Washington, and the parties waive the right to a trial de novo or appeal, excepting only for the purpose of enforcing the arbitrator's decision, for which purpose the parties agree that the Superior Court for King County, Washington shall have jurisdiction. The nature, proceedings and results of the mediation or arbitration shall be kept confidential and kept from public disclosure to the extent possible.
GRIEVANCE AND ARBITRATION Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)
GRIEVANCE PROCEDURE AND ARBITRATION 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

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