The dispute resolution process Clause Samples

The dispute resolution process. (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. (2) The parties agree that the expedited process will be heard by one of three expedited arbitrators: ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, depending on availability and if availability is similar, upon agreement of the parties. (3) If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (4) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (5) All presentations are to be short and concise; (6) Each case will begin with a comprehensive opening statement by each side; (7) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance;

The dispute resolution process i. The parties to a dispute must genuinely attempt to resolve the dispute at the workplace. This will involve an affected employee first discussing the matter directly in dispute with his or her supervisor, then with more senior management. ii. In respect of the previous clause, if the matter is still not resolved, a party to the dispute may appoint another person, organization or association to accompany them and represent them in relation to the dispute, provided that the other person, organization or association is not a legal practitioner or legal practice. iii. If the matter in dispute cannot be resolved at the workplace level, the parties to the dispute may then elect to use an alternative dispute resolution process as outlined in the Work Place Relations Act and Work Choices Amendment legislation. iv. The alternative dispute resolution process is to be conducted by a person agreed between the parties in dispute on the matter. v. If all of the above steps have been taken and the dispute still cannot be resolved under the agreement processes, the dispute may be referred to the Australian Industrial Relations commission for resolution by informal mediation and/or conciliation and, where the matter in dispute still remains unresolved, the matter may then be referred to arbitration where the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.