Common use of Arbitration/Mediation Clause in Contracts

Arbitration/Mediation. 8.01 When either party requests that any matter be submitted to arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement. It is agreed that disputes, which are carried to the arbitration stage, shall first be heard before a Mediator or a Grievance Settlement Officer (unless eliminated by mutual agreement), no later than thirty (30) working days after the Step No. 3 response. If mediation has not resolved the dispute, then it shall be heard by a single Arbitrator to be agreed upon by the Company and the Union. If an agreement as to the choice of an arbitrator is not arrived at within sixty (60) days, the Ministry of Labour will be asked to appoint an Arbitrator. If no written request for arbitration is received within ten (10) full working days after the mediation meeting, it shall be deemed to have been settled or abandoned. 8.02 No matter may be submitted to arbitration which has not been properly carried through all previous Steps of the Grievance Procedure and Mediation. 8.03 The Arbitrator shall not have any power to alter, modify, amend or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement. 8.04 The proceedings of the Arbitrator will be expedited by the parties hereto, and the decisions of the Arbitrator will be final and binding upon the parties hereto and the employee or employees concerned. 8.05 Each of the parties hereto will bear the expenses of the Arbitrator appointed.