Procedural Fairness definition

Procedural Fairness means procedural fairness and natural justice. “Review Board” means former Workers’ Compensation Review Board. “Review Division” means Review Division of the Board.

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedSchedule a Demo

Procedural Fairness means that an Appellant and a Respondent have the opportunity to be heard by an unbiased decision maker and to be made aware of all evidence considered by the decision maker. Procedural fairness is about the procedures used to make a decision, not the actual outcome of the decision.

Procedural Fairness means any and all of the following: 2.26.1 the duty of an adjudicator to make a decision without a reasonable apprehension of bias or a conflict of interest (prior familiarity with the facts of a case does not, by itself, constitute a reasonable apprehension of bias, nor do past friendly or unfriendly relationships); 2.26.2 the duty of an adjudicator to interpret and apply the Collective Agreement, including criteria of Articles 12, 14, and 15.06 in a reasonable and equitable manner (a disagreement with a decision or judgement does not, in itself, constitute a misinterpretation or misapplication of the Collective Agreement, nor does it constitute an unreasonable interpretation or application of the Collective Agreement, nor does differential treatment, in itself, constitute evidence of inequitable treatment between Members when appropriate rationale can be provided); 2.26.3 the duty of an adjudicator to ensure that adequate evidence is presented or collected to meet the standard of proof appropriate to support the decision and that such evidence is duly and appropriately considered; 2.26.4 the duty of an adjudicator to inform his/her of their right to advice and representation from their Association and to allow such advice and representation without hindrance; 2.26.5 that the parties to a procedure have a right to know all the evidence presented and used in the decision making process; 2.26.6 that the parties to a procedure have an opportunity to respond to all evidence presented and used in the decision making process; 2.26.7 that the parties to the procedure have a reasonable opportunity to present their case to adjudicator or adjudicators; and 2.26.8 that principles of natural justice are applied.

Examples of Procedural Fairness in a sentence

• The arbitration shall be administered by the Judicial Arbitration and Mediation Service (“JAMS”) (▇▇▇.▇▇▇▇▇▇▇.▇▇▇) and shall be conducted exclusively under the then-current Employment Arbitration Rules & Procedures and JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness, and the California Code of Civil Procedure (available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇).

• The arbitration shall be held under the auspices of JAMS in accordance with JAMS then-current Employment Arbitration Rules and Procedures (available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/rules-employment-arbitration/) and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness.

• I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at ▇▇▇▇▇▇▇.▇▇▇, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.

• Such mandatory arbitration may be brought by either party hereto and shall be administered by JAMS pursuant to its Employment Arbitration Rules & Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness.

• If the Parties are unsuccessful at resolving the dispute through such mediation, the Parties agree to final and binding arbitration in New York City, New York (or such other location agreed upon between the Parties), administered by JAMS pursuant to its Employment Arbitration Rules & Procedures (except insofar as they conflict with the express provisions of this Section) and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness.

More Definitions of Procedural Fairness

Procedural Fairness means a process: (i) based on impartiality and absence of bias; (ii) where the parties are informed of the allegations made against them; (iii) that includes a meaningful opportunity to defend against such allegations, including the right to be given sufficient notice of interviews or meetings where they are expected to present evidence or their perspective on the facts or on evidence gathered as part of the process; and (iv) leading to a decision that includes a sufficiently detailed explanation of the grounds on which it is based in such a way that the parties can understand the basis on which it is made.

Procedural Fairness means:

Procedural Fairness means a process: (i) based on impartiality and absence of bias;

Procedural Fairness means the type of treatment judges should afford people in their courts and includes the principles and behavioral standards identified in R597-3-3(12).

Procedural Fairness means that agencies must follow a fair and proper procedure when making decisions that impact on a person’s rights, interests or legitimate expectations. For

Procedural Fairness means fairness in the process leading up to the agreement.26 It is connected to fair and open dealing, and is in place to prevent unfair surprise and lack of choice.27 The concept of procedural fairness is broader than the legibility and other transparency aspects of the terms of the contract. It encompasses choice between alternative terms offered and bargaining power. Therefore, the assessment of procedural fairness includes an evaluation as to whether a consumer had a reasonable opportunity to get acquainted with the contract term, if it was presented in plain and intelligible language, if the consumer

Procedural Fairness means acting fairly in making a decision. It relates to the process by which a decision is reached, rather than the substance of the decision, and traditionally involves two requirements: a fair hearing and the absence of bias.231