Option for Mediation Clause Samples

Option for Mediation. In the event that the Parties are unable to resolve the dispute at the Step 2 level, upon mutual agreement, within ten (10) business days the Parties may refer the grievance in writing to Mediation. The parties then have ten (10) business days to meet to resolve the grievance at this level. A mutually acceptable mediator will be selected, and reimbursed equivalent to the terms of Section 4 subsections B and C, of this Article.
Option for Mediation. If the parties have been unable to agree a resolution to the Dispute within one month (or such longer period as the parties may agree or have agreed under clause 15.3) of the date of the Dispute Notice, either party may refer the Dispute to mediation by written notice to the other party (Mediation Notice). The mediation will be conducted as soon as possible in Wellington by a sole mediator and otherwise in accordance with the LEADR New Zealand Incorporated (LEADR) Standard Mediation Agreement. The mediator and his/her fee may be agreed by the parties. Failing agreement between the parties within five Business Days of the giving of the Mediation Notice, the mediator will be selected, and the mediator’s fee determined, by the chair of LEADR or his/her nominee. The mediation will be discontinued if either party gives an Arbitration Notice as below.
Option for Mediation. In the event that the Parties are unable to resolve the dispute at the Step 2 level, upon mutual agreement, within five (5) business days the Parties may refer the grievance in writing to Mediation. The parties then have ten (10) business days to meet to resolve the grievance at this level. A mutually acceptable mediator will be selected, and reimbursed equivalent to the terms of Section 4 subsections B and C, of this Article. Section 4. Arbitration A. Use of Arbitrator B. Selection of Arbitrator Within fourteen (14) calendar days of referral to arbitration, a list of five (5) arbitrators from the Portland, Oregon metropolitan area shall be requested from the Federal Mediation and Conciliation Service. Within five (5) calendar days from receipt of such list of arbitrators, the Union and the Employer, in that order, shall select the arbitrator by alternatively striking a name from the list until one (1) name remains as the chosen arbitrator. C. Payment of the Arbitrator The arbitrator's pay and his/her incidental expenses of the arbitration shall be borne equally by the Union and the Employer. However, each party shall separately bear the expense of presenting their own case. D. The Decision of the Arbitrator The Arbitrator shall not, without specific written agreement of the Employer and the Union with respect to the arbitration proceeding, be authorized to add to, detract from, or in any way alter the provisions of this Agreement. The Arbitrator is only authorized to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The Arbitrator shall render a decision as promptly as possible and in any event, within thirty (30) calendar days of the hearing or receipt of briefs. The Arbitrator's decision shall be final and binding.

Related to Option for Mediation

  • Optional Mediation The Parties may mutually agree to non-binding mediation: (a) If the grievance is not resolved at Step 3, either Party may request that a Mediator be appointed to meet with the Parties, investigate and define the issues in dispute and facilitate a resolution. (b) The Mediator shall be appointed by mutual agreement between the Parties. (c) The purpose of the Mediator's involvement in the grievance process is to assist the Parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose. (d) The expenses of the Mediator shall be equally borne by both Parties. (e) The grievance may be resolved by mutual agreement between the Parties.

  • Termination of Mediation The mediation shall be terminated: 1) By the execution of a Settlement Agreement by the Parties; 2) By a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or 3) By a written declaration of a Party or Parties to the effect that the mediation proceedings are terminated.

  • Grievance Mediation Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and the time line for grievance mediation to occur.

  • Selection of Mediator A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Contract, if possible.

  • Voluntary Mediation a) The central parties may, on mutual agreement, request the assistance of a mediator. b) Where the central parties have agreed to mediation, the cost shall be shared equally between the central parties. c) Timelines shall be suspended for the period of mediation.