The role of the Mediator Sample Clauses

The role of the Mediator a. The Parties and Mediator agree that: i. The Mediator will conduct the Mediation (including all preliminary steps) in the manner considered appropriate having regard to the nature and circumstances of the Dispute and the goal of an efficient and expeditious resolution of the Dispute having taken account of the views of each Party. ii. The Mediator will read the documentation provided by the Parties (“Information”). iii. The Mediator will meet as frequently as the Mediator decides is appropriate with the Parties together or with a Party alone (including with one or more individuals making up each Party’s representation) and in the latter case the Mediator need not disclose the fact of that meeting to the other Party. iv. The Mediator may communicate with a Party or Parties orally or in writing. v. The Mediator will not disclose information disclosed to the Mediator by a Party in the absence of any other Party except with the consent of the Party from whom the information was received. vi. The Mediator will not act for any of the Parties individually in connection with the Dispute, either during the currency of this Agreement or at any time thereafter. The Parties accept that in relation to the Dispute the Mediator is not an agent of, or acting in any capacity for, any of the Parties. The Mediator confirms that neither party is known to him, so far as he is aware, and there is no conflict of interest.
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The role of the Mediator. We understand that the mediator has no power to decide issues for us. The mediator has an obligation to work on behalf of all parties and cannot give individual legal advice to any one of us. Mediation is not a substitution for independent legal advice. We accept responsibility for representing ourselves or seeking legal advice, if desired. We give the mediator permission to discuss the mediation process with our attorney, but the mediator will engage in negotiation with the attorney only if we tell the mediator that the attorney has negotiating authority. The mediator accepts NO responsibility for the terms of the agreement reached.
Sample 1Sample 2
The role of the Mediator. 2.1 The role of the mediator is to assist the Parties with the attempted resolution of their dispute through inter alia: (i) identification of the areas of agreement; (ii) identification of the relevant issues in dispute; (iii) delineation of the areas of dispute; (iv) problem-solving; and (v) generating proposals for possible resolution of the issue(s) in dispute. 2.2 The mediator has no vested interest, be it personal or otherwise, in the underlying dispute between the Parties or the outcome of the mediation. 2.3 The mediator does not act for, nor will the mediator accept any request or nomination to act for either of the Parties in connection with the area of dispute during the currency of this agreement or at any time thereafter. 2.4 Additionally, the mediator does not act as a substitute in respect of each party obtaining their independent legal advice in respect of the issue(s) in dispute. 2.5 The mediator does not have the power nor does the mediator have the authority to impose a binding decision on the Parties. Additionally, the mediator will not place any obligation on any of the Parties to settle their dispute. 2.6 Save as where agreed to on the contrary as between the mediator and the Parties acting jointly or where required by law, the mediator will not disclose to any third party any information of the mediation. 2.7 The mediator will not, except with the specific authority of both the Parties, discuss or correspond with either of the Parties’ legal representatives regarding the merits of the issues in dispute. The mediator may however from time to time communicate with the legal representatives in respect of the formal matters of procedure, cost and the proposed timetable for mediation.
Sample 1
The role of the Mediator a. The Mediator will conduct the Mediation (including any preliminary steps) in the manner s/he considers appropriate, working with the Participants, and having regard to the nature and circumstances of the Dispute. b. The Mediator will meet, as frequently as the Mediator decides is appropriate, with the Parties, either together or alone. c. The Mediator will not disclose information provided to her/him at the Mediation, by one Party in the absence of any other Party, except with the consent of the providing Party. This shall not apply to administrative information, to facilitate the Mediation, or that disclosable by law. d. The Mediator will not, and does not, act for any of the Parties individually, in connection with the Dispute, either during the currency of this Agreement or at any time thereafter. The Mediator confirms there is no conflict of interest, save as disclosed to and approved by the Parties.
Sample 1
The role of the Mediator. The mediator is neutral, and does not experience a gain or loss as a result of the outcome of the mediation. The mediator is impartial, and does not take sides or advocate for the interests of any individual party. The mediator has no power to decide issues, rather the mediator has an obligation to work on behalf of all parties to assist facilitate their negotiations towards a mutually satisfactory outcome. The mediator cannot give individual legal advice to any one party. The mediator accepts NO responsibility for the terms of the agreement reached.
Sample 1
The role of the Mediator. 2.1 The parties agree the mediator is an impartial third party, who acts as a facilitator to assist the parties to arrive at their own solutions with respect to the outstanding issues. The mediator has no authority to impose a settlement on the parties. In addition, the mediator will not provide legal advice. Xxxxx Xxxxxx provides a balanced negotiation process and she will not make decisions or take sides. 2.2 The mediator will at all times promote a settlement believed to be in the best interests of the child(xxx) and will assist the parties to examine the individual needs of their child(ren), as distinct from their own needs and desires. 2.3 There is no solicitor-client privilege between the mediator and the parties. 2.4 The parties will agree on the issue/issues to be mediated. 2.5 Other persons may attend with the consent of all the parties, provided they agree to be bound by the confidentiality provisions herein. 2.6 Mediation is a voluntary process. Any party or the mediator may terminate at any time.
Sample 1
The role of the Mediator. The mediator is the neutral facilitator who will assist the parties to reach their own settlement. He will not make any decisions about “right” or “wrong” or tell the parties what to do.
Sample 1
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The role of the Mediator. The parents agree that the mediator is an impartial third party, who acts as a facilitator to assist the parents to arrive at their own solutions with respect to the outstanding issues. The mediator has no authority to impose a settlement on the parents. She is not a lawyer and will not provide legal advice.
Sample 1
The role of the Mediator. (1) The Mediator agrees to conduct the Mediation in accordance with this Agreement and in compliance with the attached Code of Conduct for Mediators. (2) The Mediator will: (i) attend any meetings with any or all of the Parties preceding the Mediation, if requested or if the Mediator decides this is appropriate; (ii) read before the Mediation each Summary (defined in clause 5.1) and all documents sent to him in accordance with clauses 5.1 and 5.2; and (iii) determine the procedure to be adopted for the mediation after consultation with the Advisers (defined in clause 3.2) of the Representatives (defined in clause 3.1). (3) The Mediator will not act for any of the Parties individually in connection with the Dispute in any capacity, either during the currency of this Agreement or at any time thereafter. (4) The Mediator will, at the request of the Parties, assist in the preparation of an enforceable agreement in the event that there is a successful conclusion to the Mediation. (5) The Parties accept that in relation to the Dispute the Mediator is not an agent of, or acting in any capacity for, any of the Parties. (6) The Parties accept that the Mediator does not give legal advice. If, in the course of discussion, the Mediator expresses any view on any legal matter arising in connection with the Dispute or otherwise, the Parties accept that they may not rely on such view except for the purposes of the Mediation. The Parties agree that no claim may be made against the Mediator in respect of any expressed view on any legal matter arising in connection with the Dispute or otherwise.
Sample 1

Related to The role of the Mediator

  • Selection of Mediator A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Contract, if possible.

  • Optional Mediation The Parties may mutually agree to non-binding mediation: (a) If the grievance is not resolved at Step 3, either Party may request that a Mediator be appointed to meet with the Parties, investigate and define the issues in dispute and facilitate a resolution. (b) The Mediator shall be appointed by mutual agreement between the Parties. (c) The purpose of the Mediator's involvement in the grievance process is to assist the Parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose. (d) The expenses of the Mediator shall be equally borne by both Parties. (e) The grievance may be resolved by mutual agreement between the Parties.

  • Xxxxxx of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge. b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluation. 3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator. b) The central parties shall select a mutually agreed upon arbitrator. c) The central parties may refer multiple grievances to a single arbitrator. d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator. e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

  • Appointment of mediator Within 10 Working Days of receipt of the notice referring the Dispute to mediation, the parties must attempt to agree on the identity of the mediator and, if they cannot agree within that timeframe, the mediator will be appointed by the President (or their nominee) of the New Zealand chapter of the Resolution Institute.

  • Mediator This mediation will be conducted by Xxxxx Xxxxxxxx.

  • Arbitrator Selection The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or a lawyer with at least ten (10) years of experience.

  • Grievance Mediation Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and the time line for grievance mediation to occur.

  • Mandatory Mediation Prior to and as a condition of either Party’s filing suit in state or federal court, the Parties shall engage in a mediated settlement conference in accordance with the North Carolina Superior Court Rules Implementing Statewide Mediation. The Parties shall mediate in good faith until settlement is reached or an impasse is declared by the mediator.

  • Selecting an Arbitrator The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.

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