Common use of Neutral Facilitation Clause in Contracts

Neutral Facilitation. If ADR is instituted, the process must be aided by a neutral party designated by XYZ AmeriCorps who, with respect to the issue in controversy, functions specifically to aid the parties in resolving the matter through a mutually achieved and acceptable written agreement. The neutral party may not compel a resolution. The neutral party must not have participated in any previous decisions concerning the issue in dispute. Proceedings before the neutral party must be informal, and the rules of evidence will not apply. With the exception of a written and agreed-upon ADR, the proceeding must be confidential. Any decision by the neutral party is advisory and is not binding unless both parties agree. If the grievance is not resolved within 30 calendar days of initiation, the neutral party again must inform the aggrieved party of his or her right to file a formal grievance. No communications or proceedings of ADR may be referred to or introduced into evidence at the grievance hearing or arbitration stages. The neutral party may not participate in subsequent proceedings.

Appears in 5 contracts

Samples: Member Service Agreement, Member Service Agreement, Member Service Agreement

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