Alternate Dispute Resolution Process Sample Clauses

Alternate Dispute Resolution Process a) If a satisfactory settlement cannot be effected at step 2, the parties will meet within 30 calendar days to determine one of the following dispute resolution mechanisms: Mediation, Expedited Arbitration, Single Arbitrator or Full Panel Arbitration. b) Should the parties mutually agree to grievance mediation, the grievance will be mediated. In the event the grievance was not successfully resolved through grievance mediation, the Union, within 30 calendar days, will inform the employer in writing of the decision to advance the grievance to arbitration. The parties will meet as per Article 6. 7 a) to determine the type of Arbitration. Failure to meet the time limit will result in the grievance being withdrawn and no further action can be taken on the matter. c) Notwithstanding the above, by mutual agreement, expedited arbitration may be used after Step 1 of the grievance procedure.
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Alternate Dispute Resolution Process a) Within 30 days of receipt of the response at Step 2, the parties will meet to determine one of the following dispute resolution mechanisms: Mediation, Expedited Arbitration, Single Arbitrator or Full Panel Arbitration. b) Should the parties mutually agree to grievance mediation, the grievance will be mediated. In the event the grievance was not successfully resolved through grievance mediation, the Union within 30 days will inform the employer in writing of the decision to advance the grievance to arbitration. Failure to meet the time limit will result in the grievance being withdrawn and no further action can be taken on the matter. c) Should the parties not agree to grievance mediation the next consideration will be expedited arbitration. Notwithstanding the above, by mutual agreement this expedited procedure may be used after Step 1 of the grievance procedure.
Sample 1
Alternate Dispute Resolution Process. If a satisfactory settlement cannot be effected at Step 2, the parties will meet within thirty (30) calendar days to determine one of the following dispute resolution mechanisms: Mediation, Expedited Arbitration or Single Panel Arbitration. Should the parties mutually agree to grievance mediation, the grievance will be mediated. In the event the grievance was not successfully resolved through grievance mediation, the Union, within thirty (30) calendar days, will inform the Employer in writing of the decision to advance the grievance to arbitration. Notwithstanding the above, by mutual agreement, expedited arbitration may be used after Step 1 of the grievance procedure.
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Alternate Dispute Resolution Process. The Parties agree it is in their best interests to have grievances resolved expediently, and in an economical manner, and there is benefit in having a full discussion of the issues, and therefore agree to utilize an internal dispute resolution process as follows (ADRP).
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Alternate Dispute Resolution Process. Section 1. All Employees are encouraged to use the Alternate Dispute Resolution (ADR) process for resolving problems concerning working conditions. It is the intent of the Parties that differences be resolved promptly, equitably and, whenever possible, informally. Section 2. An Employee(s) may elect to have an issue resolved by an ADR Committee or may proceed through the negotiated grievance procedure or statutory procedure. The Employee's election must be presented in writing on the ADR Form (see Appendix III), contain sufficient detail to identify and clarify the basis for the grievance, and specify the personal relief requested. An election of the ADR process means the Employee(s) will accept the decision of the Committee as final. An Employee's election to pursue a grievable action, except termination actions, through the ADR process constitutes a waiver to pursue the matter through the grievance procedure, the EEO ADR procedures the Equal Employment Opportunity Commission (EEOC), the MSPB, and other statutory processes. Termination actions may be considered under ADR, however, an Employee may then file a statutory appeal if he is not satisfied with the ADR decision. The settlement of a complaint through the ADR process will be considered a non-precedent setting resolution. Section 3. An ADR Committee is hereby established for each of the four individual organizations of the Employer. The ADR Committee will be under the auspices of the respective Partnership Council in each individual organization and will be comprised of a. One Management representative (not in the Employee's chain of command); b. One Union representative (not the xxxxxxx representing the Employee); c. One peer Employee; and d. One peer supervisor.
Sample 1
Alternate Dispute Resolution Process. If a satisfactory settlement cannot be reached at Step 2, the parties will meet within 30 calendar days to determine one of the following dispute resolution mechanisms: Mediation, Expedited Arbitration, Single Arbitrator or Full Panel Arbitration. Alternate Dispute Resolution Process a. The order listed will be the preference in which the dispute mechanisms are utilized, unless the parties agree there is reason to choose differently: Mediation, Expedited Arbitration, Single Arbitrator or Full Panel Arbitration. b. Should the parties mutually agree to grievance mediation, the grievance will be mediated. In the event the grievance was not successfully resolved through grievance mediation, the Union within 30 days will inform the Employer in writing of the decision to advance the grievance to arbitration. Failure to meet the time limit will result in the grievance being withdrawn and no further action can be taken on the matter. c. Should the parties not agree to grievance mediation the next consideration will be expedited arbitration. Notwithstanding the above, by mutual agreement this expedited procedure may be used after Step 1 of the grievance procedure.
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Alternate Dispute Resolution Process. The parties agree that the key to maintaining harmonious and mutually beneficial relationships between the Employer, the Institute and the employees is the expeditious resolution of workplace disputes. To this end the parties agree that within six (6) months of the date of ratification or receipt of an Arbitrator’s Interest Award for the first collective agreement between the parties, they will meet to commence the development of a trial alternate dispute resolution process (ADR). The “terms of reference” for the ADR committee will be jointly agreed upon by the parties. Dated in Ottawa, Ontario this 17th day of October, 2001 For the Institute For the Employer
Sample 1
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Alternate Dispute Resolution Process. 31.01 The parties agree that the final resolution of issues in a timely, cost effective manner at a stage closest to the problem is desirable. Therefore the parties may mutually agree to trial the Alternate Dispute Resolution Process as described below. (a) The Alternate Dispute Resolution Process shall be established at Citadel Care Centre. (b) Following attempts to resolve a grievance, at the request of either party, and within ten (10) calendar days of the request, an agreed upon mediator shall meet with the parties, investigate the dispute, and define the issues in dispute. (c) During the proceedings, the parties shall fully disclose all materials and information relevant to the issue(s) in dispute. (d) The purpose of the mediator’s involvement in the grievance process is to try and settle 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. (e) Within ten (10) days of first meeting the parties, having considered the issue(s) in dispute and the terms of the Collective Agreement, the mediator shall issue a report including non-binding recommendations. (f) Prior to the commencement of the above alternate dispute resolution process, the parties may mutually agree to have the mediator’s recommendations binding on both parties as a means to resolve the outstanding grievance(s). (g) The expenses of the mediator shall be equally borne by both parties.
Sample 1
Alternate Dispute Resolution Process. This Agreement is between the State of Oregon acting through its Department of Administrative Services (Employer) on behalf of the Department of Justice (Agency) and AFSCME Council 75 (Union) on behalf of the Union’s Local 1086 (Local). The purpose of this Agreement is to establish an alternate dispute resolution process. Where there is a conflict between this Agreement and ORS 243.712, OR 243.722 or ORS 243.726, this Agreement shall prevail. Once the Parties have bargained and mediated pursuant to the requirements and timelines outlined in ORS 243.712, the Parties agree the following dispute resolution procedure will be followed:
Sample 1

Related to Alternate Dispute Resolution Process

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager. 2. In the event the Authorized User is dissatisfied with the Contractor’s Products provided under this Centralized Contract, the Authorized User shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the Authorized User, the Contractor shall so notify the Authorized User in writing. If either party notifies the other of such dispute, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result through negotiation. 3. If negotiation between the Contractor and Authorized User fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and Authorized User, of such notice, then the matter shall be submitted to the State's Contract Administrator and the Contractor’s senior executive officer representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, this section shall not be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. 4. The Contractor shall extend the informal dispute resolution period for so long as the Authorized User continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights.

  • CENTRAL DISPUTE RESOLUTION PROCESS The following process pertains exclusively to disputes and grievances on central matters that have been referred to the central process. In accordance with the School Board Collective Bargaining Act, 2014 central matters may also be grieved locally, in which case local grievance processes will apply. In the event that central language is being grieved locally, the local parties shall provide the grievance to their respective central agents.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed: 21.1.1 Initially the Employee shall discuss any grievance, dispute or claim with their immediate supervisor; 21.1.2 If the matter is not resolved at such a meeting, the Parties may hold further discussions with appropriate senior levels of management; 21.1.3 If the matter cannot be resolved at the workplace level, the Parties agree to refer the matter to Enterprise Initiatives Pty Ltd who will engage a third party mediator to mediate the dispute. Any such mediator will conduct the mediation in accordance with the provisions of Part 13, Division 6 of the Act. 21.2 To the extent that the dispute concerns Employee entitlements or Employer obligations under the Agreement the Employer will ask for the Employee's agreement to seek advice from EI Legal Pty Ltd. 21.3 This dispute resolution procedure does not apply to Employees where the Employer has given notice and reasons for termination according to clause 5 of the Agreement. 21.4 Where the Parties agree to pursue mediation the Parties:- 21.4.1 Will participate in the mediation process in good faith; 21.4.2 Acknowledge the right of other to appoint in writing, another person to act on their behalf in relation to the mediation process; 21.4.3 Agree not to commence any action against the other; and 21.4.4 Agree that during the time when the Parties attempt to resolve the matter: i) the Parties continue to work in accordance with the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and ii) subject to relevant provisions of any state or territory occupational safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and iii) the Parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

  • Dispute Resolution Procedures (a) In the event a dispute arises about the interpretation, application, calculation of Loss, or calculation of payments or otherwise with respect to this Single Family Shared-Loss Agreement (“SF Shared-Loss Dispute Item”), then the Receiver and the Assuming Institution shall make every attempt in good faith to resolve such items within sixty (60) days following the receipt of a written description of the SF Shared-Loss Dispute Item, with notification of the possibility of taking the matter to arbitration (the date on which such 60-day period expires, or any extension of such period as the parties hereto may mutually agree to in writing, herein called the “Resolution Deadline Date”). If the Receiver and the Assuming Institution resolve all such items to their mutual satisfaction by the Resolution Deadline Date, then within thirty (30) days following such resolution, any payment due as a result of such resolution shall be made arising from the settlement of the SF Shared-Loss Dispute. (b) If the Receiver and the Assuming Institution fail to resolve any outstanding SF Shared-Loss Dispute Items by the Resolution Deadline Date, then either party may notify the other of its intent to submit the SF Shared-Loss Dispute Item to arbitration pursuant to the provisions of this Article VII. Failure of either party to submit pursuant to paragraph (c) hereof any unresolved SF Shared-Loss Dispute Item to arbitration within thirty (30) days following the Resolution Deadline Date (the date on which such thirty (30) day period expires is herein called the “Arbitration Deadline Date”) shall extinguish that party’s right to submit the non-submitted SF Shared-Loss Dispute Item to arbitration, and constitute a waiver of the submitting party’s right to dispute such non-submitted SF Shared-Loss Dispute Item (but not a waiver of any similar claim which may arise in the future). (c) If a SF Shared-Loss Dispute Item is submitted to arbitration, it shall be governed by the rules of the American Arbitration Association (the “AAA”), except as otherwise provided herein. Either party may submit a matter for arbitration by delivering a notice, prior to the Arbitration Deadline Date, to the other party in writing setting forth: (i) A brief description of each SF Shared-Loss Dispute Item submitted for arbitration; (ii) A statement of the moving party’s position with respect to each SF Shared-Loss Dispute Item submitted for arbitration; (iii) The value sought by the moving party, or other relief requested regarding each SF Shared-Loss Dispute Item submitted for arbitration, to the extent reasonably calculable; and (iv) The name and address of the arbiter selected by the moving party (the “Moving Arbiter”), who shall be a neutral, as determined by the AAA. Failure to adequately include any information above shall not be deemed to be a waiver of the parties right to arbitrate so long as after notification of such failure the moving party cures such failure as promptly as reasonably practicable. (d) The non-moving party shall, within thirty (30) days following receipt of a notice of arbitration pursuant to this Section 7.1, deliver a notice to the moving party setting forth: (i) The name and address of the arbiter selected by the non-moving party (the “Respondent Arbiter”), who shall be a neutral, as determined by the AAA; (ii) A statement of the position of the respondent with respect to each Dispute Item; and (iii) The ultimate resolution sought by the respondent or other relief, if any, the respondent deems is due the moving party with respect to each SF Shared-Loss Dispute Item. Failure to adequately include any information above shall not be deemed to be a waiver of the non-moving party’s right to defend such arbitration so long as after notification of such failure the non-moving party cures such failure as promptly as reasonably practicable (e) The Moving Arbiter and Respondent Arbiter shall select a third arbiter from a list furnished by the AAA. In accordance with the rules of the AAA, the three (3) arbiters shall constitute the arbitration panel for resolution of each SF Loss-Share Dispute Item. The concurrence of any two (2) arbiters shall be deemed to be the decision of the arbiters for all purposes hereunder. The arbitration shall proceed on such time schedule and in accordance with the Rules of Commercial Arbitration of the AAA then in effect, as modified by this Section 7.1. The arbitration proceedings shall take place at such location as the parties thereto may mutually agree, but if they cannot agree, then they will take place at the offices of the Corporation in Washington, DC, or Arlington, Virginia. (f) The Receiver and Assuming Institution shall facilitate the resolution of each outstanding SF Shared-Loss Dispute Item by making available in a prompt and timely manner to one another and to the arbiters for examination and copying, as appropriate, all documents, books, and records under their respective control and that would be discoverable under the Federal Rules of Civil Procedure.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Informal Dispute Resolution (a) Prior to the initiation of formal dispute resolution procedures (i.e., arbitration), the Parties shall first attempt to resolve their dispute at the senior manager level. If that level of dispute resolution is not successful, the Parties shall proceed informally, as follows: (i) Upon the written request of either Party, each Party shall appoint a designated representative who does not otherwise devote substantially full time to performance under this Agreement, whose task it will be to meet for the purpose of endeavoring to resolve such dispute. (ii) The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue that the Parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and attempt to resolve the dispute without the necessity of any formal proceeding. (iii) During the course of discussion, all reasonable requests made by one Party to another for non-privileged non-confidential information reasonably related to this Agreement shall be honored so that each of the Parties may be fully advised of the other's position. (iv) The specific format for the discussions shall be left to the discretion of the designated representatives. (b) Prior to instituting formal proceedings, the Parties will first have their chief executive officers meet to discuss the dispute. This requirement shall not delay the institution of formal proceedings past any statute of limitations expiration or for more than fifteen (15) days. (c) Subject to Subsection (b), formal proceedings for the resolution of a dispute may not be commenced until the earlier of: (i) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) Thirty (30) days after the initial written request to appoint a designated representative pursuant to Subsection (a), above, (this period shall be deemed to run notwithstanding any claim that the process described in this Section 11.2 was not followed or completed). (d) This Section 11.2 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to avoid the expiration of any applicable limitations period, or to preserve a superior position with respect to other creditors or as provided in Section 11.6(a).

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

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