Common use of Rules Applicable to Grievance Mediation Clause in Contracts

Rules Applicable to Grievance Mediation. Any document provided prior to or during the mediation will be returned to the issuing party at the conclusion of the mediation process. Settlements reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance. Anything said or done at mediation will not be used against the Employer, employee, or the Union at any subsequent arbitration. At any subsequent arbitration hearing or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness. No transcripts or records will be kept by the mediator other than the mediation occurred, when, where, the parties to the dispute and whether settlement was achieved. The parties will agree at mediation the extent to which the resolution will be kept confidential or shared. Whenever possible, the Parties will have the authority to conclude a settlement at mediation. When it is not possible and outside approval is required it shall be disclosed at the outset of the mediation. At the conclusion of the mediation, once a potential resolution is achieved, the parties will advise as to whether or not they are prepared to recommend and sign the recommendation.