PROCEDURE FOR RESOLVING Sample Clauses
The "Procedure for Resolving" clause outlines the steps parties must follow to address and settle disputes or issues that arise under the agreement. Typically, this clause specifies a sequence such as negotiation, mediation, or arbitration, and may set timeframes for each stage or designate specific forums for resolution. Its core practical function is to provide a clear, structured process for resolving disagreements, thereby minimizing confusion and reducing the likelihood of protracted or costly legal battles.
PROCEDURE FOR RESOLVING. GRIEVANCES The Union agrees that this procedure shall be in lieu of any other formal procedure established by the University for the resolution of grievances and shall be the exclusive means for the resolution of workers’ and Union grievances or claims against the University.
PROCEDURE FOR RESOLVING disputes arising under this Agreement
PROCEDURE FOR RESOLVING disputes arising under this Agreement
(a) Except for the circumstances set out in clause 25(b), a Party must comply with the following procedure in respect of any dispute arising under this Agreement:
(i) the Party claiming that there is a dispute will send the other Party a notice setting out the nature of the dispute (‘Dispute Notice’);
(ii) the Parties will try to resolve the dispute through direct negotiation, including by referring the matter to persons who have the authority to intervene and direct some form of resolution;
(iii) if:
(A) there is no resolution of the dispute within 30 days from the date that the Dispute Notice was received;
(B) there is no agreement on submission of the dispute to mediation or some alternative dispute resolution procedure within 30 days from the date that the Dispute Notice was received; or
(C) the Parties agree to submit to mediation or some other form of alternative dispute resolution procedure but there is no resolution within 30 days of that submission (or such extended time agreed upon by the Parties),
(b) Clause 25(a) does not apply to the following circumstances:
(i) either Party commences legal proceedings for urgent interlocutory relief;
(ii) action is taken by the ACIC under, or purportedly under clause 19, clause 24.1 or clause 24.2; or
(iii) an authority of the Commonwealth, a State or Territory is investigating a breach or suspected breach of the law by the Accredited Body.
(c) Each Party will bear its own costs of complying with this clause 25, and the Parties will bear equally the cost of any person engaged under clause 25(a)(ii).
(d) Despite the existence of a dispute, both Parties must (except to the extent notified by the other Party not to do so) continue to perform their respective obligations under this Agreement.