Alternative Dispute Resolution Processes Clause Samples
The Alternative Dispute Resolution Processes clause establishes procedures for resolving disputes between parties without resorting to litigation. Typically, this clause outlines steps such as negotiation, mediation, or arbitration, specifying when and how these processes should be initiated and who will facilitate them. By providing a structured framework for addressing disagreements, the clause helps parties resolve conflicts more efficiently, reduce legal costs, and maintain business relationships by avoiding adversarial court proceedings.
Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operation the parties agree to voluntarily utilize the following processes.
A. Pre-discipline Settlement Conferences
1. After a statement of charges is issued, but before the notice of disciplinary action is issued, the parties may voluntarily agree to a pre-discipline settlement conference.
2. Up to two (2) standing committees (with alternates) to review proposed discipline may be established.
3. Committee makeup – three (3) members (one Management representative, one OHR representative, and one Union representative).
4. Participation is voluntary; the Office of Human Resources makes the final decision for County participation.
5. The Committee will review the recommended level of discipline and the facts of the case, and will make a non-binding recommendation. Each side is permitted to make a brief presentation before the Committee. Presentation and format shall be established by the Committee.
6. If the parties agree with the recommendation of the Committee, Notice of Discipline will be issued and the Union agrees to refrain from filing a grievance regarding such notice. If the Union disagrees with the Committee's recommendation, it is free to grieve the Notice of Disciplinary Action. If the County disagrees, it may go forward with the notice as originally proposed.
7. The settlement conference option is part of the informal resolution process of the Contract Grievance Procedure. A bargaining unit employee waives any right to challenge before the County’s Merit System Protection Board (MSPB) any proposed suspension, demotion, or dismissal action that he or she attempts to resolve through a settlement conference pursuant to this Article.
8. At either parties’ request, a Non-MCFRS management representative (selected from an existing MCGEO Pre-Discipline settlement Conference Committee) will replace the MCFRS management representative.
9. The County shall provide new Committee members with training in Alternative Dispute Resolution and related disciplines, as appropriate.
10. Rules of procedure will be established by the parties.
B. Grievance Mediation
1. Upon receipt of the Step 2 Office of Human Resources Director’s disposition, the Union and Employer may voluntarily agree to grievance mediation. Grievance mediation...
Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operations, the parties agree to voluntarily utilize the following processes.
(a) Pre-discipline Settlement Conferences
(1) After a statement of charges (includes intent to terminate actions based on unsatisfactory performance) is issued but before the notice of disciplinary action is issued, the parties may voluntarily agree to a pre-disciplinary settlement conference.
(2) Up to 2 standing committees (with alternates) to review proposed discipline may be established.
(3) Committee makeup - 3 members (1 Management rep., 1 OLR rep. and 1 Union rep.)
(4) Participation is voluntary; the Office of Labor Relations makes the final decision on whether management participates.
(5) The Committee reviews the recommended level of discipline and the facts of the case and makes a non-binding recommendation. Each side is permitted to make a brief presentation before the Committee not to exceed twenty-five (25) minutes, or forty-five
Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operation the parties agree to voluntarily utilize the following processes.