Mutually Agreed Upon Dispute Resolution Procedure Clause Samples
The Mutually Agreed Upon Dispute Resolution Procedure clause establishes a process by which both parties agree in advance on the methods and steps to resolve any disputes that may arise under the contract. Typically, this involves specifying procedures such as negotiation, mediation, or arbitration, and may outline timelines, the selection of mediators or arbitrators, and the location for proceedings. By setting out a clear, agreed-upon framework for resolving disagreements, this clause helps prevent costly litigation and ensures that disputes are handled efficiently and fairly.
Mutually Agreed Upon Dispute Resolution Procedure. If after forty-five (45) calendar days from the first negotiation session, agreement has not been reached on all items under negotiation, either party may call for the services of the Federal Mediation and Conciliation Service (FMCS) to assist in negotiations. If either party calls for FMCS involvement, the other party shall join in the request.
Mutually Agreed Upon Dispute Resolution Procedure. 1. If agreement is not reached, either party may declare a bargaining impasse at any time after June 1st of the year in which the Agreement expires, unless the parties agree to an earlier date.
2. Either party may contact the Federal Mediation and Conciliation Service and request the assistance of a Federal Mediator in accordance with their rules and regulations. Costs which may be incurred in procuring and utilizing the service of a Federal Mediator shall be shared by the Board and the Union equally.
3. The Federal Mediator shall have full jurisdiction over the scheduling and conduct of negotiations meetings.
4. Mediation, as described in this Article, constitutes the parties’ mutually agreed upon and exclusive dispute settlement procedure and shall operate in lieu of any and all of the dispute settlement procedures set forth in the Ohio Revised Code. This Article does not diminish or preclude the right to strike.
Mutually Agreed Upon Dispute Resolution Procedure. 1. If agreement is not reached on matters being negotiated at any time within forty- five (45) days of the expiration date of this Agreement (or at any later time), either party may declare impasse and request that an impartial mediator be appointed. When impasse is so declared, the Federal Mediation and Conciliation Service shall be requested to appoint a mediator, and the selection shall be in accordance with the rules of the Federal Mediation and Conciliation Service.
2. The Mediator shall have the right to hold meetings with the negotiating parties in seeking to affect a resolution to the disagreement(s) in accordance with the rules and regulations of the FMCS.
3. This impasse procedure is the parties’ alternative dispute resolution procedure and is intended to supersede the statutory procedures contained in O.R.C. §4117.14.
Mutually Agreed Upon Dispute Resolution Procedure. If agreement is not reached by thirty (30) days prior to expiration of this contract, either party may declare a bargaining impasse whereupon the parties shall jointly request the services of a mediator from the Federal Mediation and Conciliation Service.
Mutually Agreed Upon Dispute Resolution Procedure.
1. Either negotiation team may call for the selection of a mediator when it determines an impasse has been reached in the negotiation proceedings or at the expiration of the agreed- to negotiations period. The mediator may be selected by agreement of the negotiations teams. If agreement on selection of a mediator is not reached within five (5) days after the call for mediation, the Federal Mediation and Conciliation Service shall be contacted to appoint a mediator. The cost and expense of a mediator shall be shared equally by the Board and the Association.
2. In the event the members of the Joint Negotiations Committee are unable to reach agreement within ten (10) days of the expiration of the existing Agreement, then the Exclusive Representative shall have the right to proceed in accordance with O.R. C. §§ 4117.14(D)(2) and 4117.18(C).
Mutually Agreed Upon Dispute Resolution Procedure. 4.05.1 If agreement is not reached during negotiations, either party may call for the services of the Federal Mediation and Conciliation Service (FMCS), or a mutually appointed third party, to assist in negotiations. If a party calls for FMCS involvement, the other party shall join in a joint request. Both parties agree that this procedure is the final step in the dispute settlement procedure.
4.05.2 This dispute resolution procedure is mutually agreed to by the parties under O.R.C. 4117.14(C)(1)(f) and is intended to supersede the statutory fact-finding process.
4.05.3 The mediation period shall be thirty (30) days from the date of the first mediation session.
4.05.4 In the event the parties have been unable to reach agreement after the thirty (30) day mediation period, the Association shall have all rights to strike under the full statutory provisions of O.R.C. 4117.
Mutually Agreed Upon Dispute Resolution Procedure. Following a reasonable period of good faith bargaining, either party may declare impasse. Within five (5) days of the declaration of impasse, the parties will arrange for the services of a mediator from the Federal Mediation and Conciliation Service (FMCS). The parties will meet and confer with the mediator from FMCS for the purpose of trying to resolve the impasse as to all outstanding issues. The mediator shall not have the authority to bind the parties to a particular provision or set of provisions. If the impasse is not resolved following mediation, either party may distribute a status report concerning the negotiations. Following mediation, the Union may conduct a full day, every day strike. The Union agrees that it will not conduct a “partial strike.” Employees in the bargaining unit shall not receive compensation from the Board of Education during the period of a strike.