Arbitration Panels Sample Clauses

Arbitration Panels. Purpose: It is to the advantage of both Parties to minimize the cost of travel and expenses to be paid and shared for the selected arbitrators, as well as their availability for a given time frame. Therefore, the Parties constituted panels for both regular and expedited arbitrations, established a National case control system for the panels, and adopted the following provisions:
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Arbitration Panels. The Parties at the Regional, Laboratory and Headquarters level shall each establish a panel of three mutually acceptable arbitrators. At each location, the Parties shall jointly request that the FMCS submit a list of 11 arbitrators for consideration. Upon receipt, the Parties shall alternately strike names until three names remain. The Union shall strike first. The three remaining arbitrators will constitute the available arbitrators the Parties shall use for subsequent arbitrations, subject to the following: 1. Arbitrators will be listed alphabetically. Cases will be assigned to the arbitrators in sequential order. 2. Either Party may unilaterally remove an arbitrator from the panel after the arbitrator has rendered an initial decision. Following the removal, the parties shall mutually contact the FMCS to obtain a new list of seven arbitrators to select a replacement. The party removing the prior arbitrator shall strike first, and shall bear any associated FMCS cost. 3. Once an arbitrator is removed from the panel, no further cases may be assigned to him/her. 4. The moving party will notify the selected arbitrator, who will contact the Parties to arrange for the hearing. The hearing with the arbitrator must be scheduled within two months of the moving party’s initial contact with the arbitrator (the arbitrator’s schedule permitting).
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Related to Arbitration Panels

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.