Common use of Optional Grievance Mediation Clause in Contracts

Optional Grievance Mediation. If the grievance is not resolved at Step 3, the Association may request grievance mediation, or may choose to file directly for arbitration at Step 5. A. Within five (5) days of receipt of the step 3 response, the Association may provide a written request to the District for mediation. B. Within five (5) days of receipt of the Association’s request, the District will provide a written response accepting or rejecting mediation. C. If the parties agree to mediation, within five (5) days following the agreement, the parties will file jointly with the Federal Mediation and Conciliation Service (FMCS) or Public Employment Relations Commission (PERC) requesting a mediator. D. The mediator will have the authority to meet separately with either party, but will not have the authority to compel resolution of the grievance. E. The presentation of facts and considerations may not be limited to those presented at Step 3. F. Any settlement agreed to will be reduced to writing by the mediator and, if necessary, will be enforceable through the grievance procedure of the Agreement. G. The fees and expenses of the mediator and related costs will be borne equally by the parties. H. If no settlement is reached, the grievance may be continued to arbitration.