Step Two - Mediation. If the grievance is not resolved at Step One or the written decision of the President of the College or the President’s designee is not rendered within the time specified, mediation of a grievance may be initiated in accordance with the following provisions:
Step Two - Mediation. If the dispute cannot be resolved within ten (10) calendar days of Step One, or earlier after written notice given by either Party, the Parties shall submit the matter to non-binding mediation by a professional engineer with demonstrated substantial experience in the design, construction, and operation of complex municipal water treatment, transmission, distribution, and storage systems. The Parties shall attempt to agree on a mediator. If they cannot agree, the Parties shall request a list of five mediators from an entity or firm experienced in providing engineering mediation services who does not have an existing professional relationship with either Party. The Parties will mutually agree upon a mediator from the list provided. If the Parties cannot agree, one of the five names will be randomly selected by blind drawing. Any common costs of mediation shall be borne equally by the Parties, who shall each bear their own costs and attorney fees. If the issue(s) is resolved at this Step Two, a written determination of such resolution shall be signed by each Party’s City Manager and approved by their respective governing bodies, if required by the governing body, which shall be binding upon the Parties.
Step Two - Mediation. If the dispute cannot be resolved within the timeframe outlined in Step One, the Parties shall submit the matter to non-binding mediation. The Parties shall attempt to agree on a mediator. If they cannot agree, within thirty (30) days (or one hundred and ninety days 190 days of the Dispute Notice), the Parties will select a mediator through the Rules of the American Arbitration Association’s Mediation Service or such other neutral service as the Parties may agree upon.
Step Two - Mediation. In the event the Parties are unable to resolve their dispute through meet and confer negotiations within six (6) weeks of receipt of the letter raising the dispute, the dispute may be submitted to mediation with a mutually agreeable mediator, to try to reach agreement. If the Parties cannot agree on a mediator and schedule mediation within four (4) weeks (or a longer number of days mutually agreed in writing) after the first mediator is proposed, then either Party may request that the U.S. District Court for the District of Massachusetts assign a mediator.
Step Two - Mediation. If the Parties are unable to resolve their dispute through meet and confer negotiations within twenty-one (21) days of receipt of the letter raising the dispute, the dispute shall be submitted to mediation before a Magistrate Judge for the U.S. District Court for the Northern District of California or another mutually agreeable mediator.
