Process of Mediation. If the parties choose to participate in mediation: (a) both parties shall confer and reach agreement on the process for mediation and the person who shall conduct the mediation; (b) both parties shall participate in the mediation process in good faith; (c) both parties shall observe the instructions of the mediator about the conduct of the mediation, provided that such instructions comply with any applicable requirements of the Act; (d) the mediation procedure is confidential and neither party can use as evidence in arbitration or court proceedings any discussion between the parties and between the parties and the mediator or any written statements prepared for the mediator or for a party; (e) both parties are entitled to the assistance of a support person for the purpose of these procedures; (f) both parties agree not to commence proceedings under the Act or for damages for breach of this agreement unless this dispute resolution procedure has been followed without a satisfactory conclusion reached.
Appears in 3 contracts
Samples: Enterprise Agreement, Non Teaching Staff Agreement, Teaching Staff Agreement
Process of Mediation. If the parties choose to participate in mediation:
(a) both Both parties shall confer and reach agreement on the process for mediation and the person who shall conduct the mediation;
(b) both Both parties shall participate in the mediation process in good faith;
(c) both Both parties shall observe the instructions of the mediator about the conduct of the mediation, provided that such instructions comply with any applicable requirements of the Act;
(d) the The mediation procedure is confidential and neither party can use as evidence in arbitration or court proceedings any discussion between the parties and between the parties and the mediator or any written statements prepared for the mediator or for a party;
(e) both Both parties are entitled to the assistance of a support person for the purpose of these procedures;; and
(f) both Both parties agree not to commence proceedings under the Act or for damages for breach of this agreement Agreement or contract unless this dispute resolution procedure has been followed without a satisfactory conclusion reached.
Appears in 2 contracts
Samples: Multi Enterprise Agreement, Independent Christian Schools NSW Teachers Multi Enterprise Agreement
Process of Mediation. If the parties choose to participate in mediation:
(a) both parties shall confer and reach agreement on the process for mediation and the person who shall conduct the mediation;
(b) both parties shall participate in the mediation process in good faith;
(c) both parties shall observe the instructions of the mediator about the conduct of the mediation, provided that such instructions comply with any applicable requirements of the Act;
(d) the mediation procedure is confidential and neither party can use as evidence in arbitration or court proceedings any discussion between the parties and between the parties and the mediator or any written statements prepared for the mediator or for a party;
(e) both parties are entitled to the assistance of a support person for the purpose of these procedures;; and
(f) both parties agree not to commence proceedings under the Act or for damages for breach of this agreement Agreement unless this dispute resolution procedure has been followed without a satisfactory conclusion reached.
Appears in 2 contracts
Samples: Teaching Staff Multi Enterprise Agreement, Teaching Staff Multi Enterprise Agreement