Common use of Other Forms of Alternative Dispute Resolution Clause in Contracts

Other Forms of Alternative Dispute Resolution. (ADR) By mutual agreement between the Association and the Chancellor/designee, a grievance may be submitted for mediation before the Bureau of Mediation Services at any time prior to the arbitration hearing. Additionally, by mutual agreement between the Association and the Chancellor/designee, the parties may use any other form of ADR to resolve a grievance prior to the arbitration hearing. Expense for the ADR practitioner's service, if any, and the proceedings shall be borne equally by the Employer and the Association; however, each party shall be responsible for compensating its own representatives and witnesses. If either party cancels an ADR proceeding or asks for a last minute postponement that leads to the ADR practitioner's making a charge, then the party initiating the cancellation or the postponement shall pay this charge.