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.
Optional Mediation. If a grievance is not resolved at Step 2, either party may request, in writing, within fifteen (15) calendar days of the Step 2 response or lack of response that the matter proceeds to mediation. The mediation process shall not interfere with the scheduling of an arbitration. Suppose the non-requesting party agrees to engage in optional mediation. In that case, the requesting party shall request a panel from the Federal Mediation and Conciliation Service (“FMCS”) or another mediation group agreed to by the parties. The mediator shall be selected by alternate striking from the list until one name remains. The mediator shall have no authority to bind either party to an agreement.
Optional Mediation. At any point after a grievance is filed, either Party may request that the matter be submitted to mediation under the rules and procedures of the Employment Relations Board and the Public Employees Collective Bargaining Act (PECBA). Any such submission must be by mutual agreement, in writing. Costs of any agreed to mediation shall be equally shared by the Parties. The conduct of mediation shall not affect the timelines and steps of the grievance process and any change in the timelines and procedures during mediation shall occur only upon mutual agreement, in writing.
Optional Mediation. Within the time limits for appeal to Level III, the District or the Association on behalf of the Grievant, may request that the Grievance be submitted to mediation prior to proceeding to Level III of the grievance procedure. Upon receipt of the request to submit the Grievance to mediation, the District will contact the California State Mediation and Conciliation Service and request that a mediator be appointed. The mediator shall attempt to assist the parties in resolving the Grievance and shall have no power to render a decision or recommendation on the Grievance in the absence of a mutually agreeable resolution. All statements made during the mediation process shall be inadmissible in any future administrative or judicial proceeding. If the mediation level does not satisfactorily resolve the Grievance, the Grievant may appeal the Grievance to Level III within ten (10) days following the last mediation session.
Optional Mediation. A. Within the time limits for appeal to Step Four, the District or the CSEA on behalf of the Grievant, may request that the Grievance be submitted to mediation prior to proceeding to Step Four of the grievance procedure.
B. Upon receipt of the request to submit the Grievance to mediation, the District shall contact the California State Conciliation Service and request that a mediator be appointed.
C. Selection of the mediator shall be by mutual agreement.
D. The mediator shall attempt to assist the parties in resolving the Grievance and shall have no power to render a decision or recommendation on the Grievance in the absence of a mutually agreeable resolution. Any statements made during the mediation process shall be admissible in any future court or administrative proceeding.
E. If the mediation level does not satisfactorily resolve the grievance, either the Grievant or the District may appeal the Grievance to Step Four hereinabove within ten (10) working days following the last mediation session.
Optional Mediation. The Parties may mutually agree to non-binding mediation:
(i) If the grievance is not resolved at Step 3, either Party may request that a Mediator be appointed to meet with the Parties, to investigate and define the issues in dispute and facilitate a resolution.
(ii) The Mediator shall be appointed by mutual agreement between the Parties. If the Parties cannot agree on a mediator, one will be appointed by the Director of Mediation Service.
(iii) The purpose of the Mediator's involvement in the grievance process is to assist the Parties in reaching a resolution of the dispute. 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.
(iv) The Mediator may be requested to issue their non-binding recommendations to the Parties to resolve the dispute.
(v) The grievance may be resolved by mutual agreement between the Parties. Where mediation does not resolve the grievance, the matter may be submitted by either Party to Arbitration.
(vi) The expenses of the Mediator shall be equally borne by both Parties.
Optional Mediation. The Parties may mutually agree to non-binding mediation:
(a) At any step in the grievance procedure outlined in Article 36.05, 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.
Optional Mediation. A grievance not resolved at Step 2 may be referred to Mediation if both the Union and the Employer agree to do so. A grievance not resolved at Mediation may subsequently be referred to Arbitration by either party providing written notice to the other within ten (10) work days of the Mediation concluding. If Mediation is agreed to, timelines for the Arbitration are held in abeyance pending the conclusion of the Mediation. The parties to this Agreement shall bear all fees and expenses for the Meditator including meeting location equally.
Optional Mediation. (i) Either party, with the agreement of the other party, may advance a grievance to mediation within ten (10) days of receipt of the Employer’s written decision at Step 2. Where the matter is so referred, the mediation process shall conclude before the matter can to be advanced to Arbitration.
(ii) No grievance shall be submitted to mediation which has not been properly carried through the grievance procedure.
(iii) Mediation will commence within fifteen (15) days, subject to the availability of the mediator, of the grievance being submitted to mediation.
(iv) The parties shall mutually agree on a mediator.
(v) The Union and the Employer will share the cost of the mediator, if any.
(vi) Proceedings before the mediator shall be informal. The purpose of the mediator’s involvement in the grievance process is to assist the parties in reaching a resolution of the dispute. Anything said, proposed, generated or prepared by either party for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose.
(vii) If desired, an agreed statement of facts will be provided to the mediator and, if possible, in advance of the mediation conference.
(viii) The mediator will have the authority to meet separately with either party.
(ix) If settlement cannot be reached either party can advance the matter to arbitration, in accordance with the provisions of the Collective Agreement, within ten (10) days of the formal conclusion of mediation.
