Binding Recommendations. While the grievance investigation process is intended to yield only non-binding recommendations, the parties may agree that the recommendations will represent a binding award, in the manner of an arbitration award. Such agreement must be made in advance of the appointment of the Investigator.
Binding Recommendations. While the Investigator/Mediator procedure process is intended to yield only non-binding recommendations, the parties may agree that the recommendations will represent a binding award, in the manner of an arbitration award.
Binding Recommendations. In many cases, the Court provides that the PC may also give a binding recommendation to resolve parental disputes when the parents reach an impasse on issues that need to be resolved for the child(ren). The PC issues a binding recommendation based on information requested and received during the process of trying to resolve the dispute and will also give the rationale for said recommendation. However, the PC's recommendation is binding only to the extent specified by the Court and is subject to any appeal processes specified by the Court. The PC defers, at all times, to any specific orders of the Court, recognizing the Court's authority and ultimate responsibility to determine the best interests of the child(ren). (See also item #11 below.) Before giving a binding recommendation, the PC generally will obtain relevant information from the parents and the other information sources as already noted. When the PC believes that an immediate decision is necessary for the sake of the child(ren), he may issue the binding recommendation on the basis of information already reviewed, pending receipt of further information and issuance of a new decision, if necessary. When Xxxxxxx X. Xxxxxx makes decisions for us on items upon which we could not agree (binding recommendation), he shall issue the same in writing and deliver a copy of said recommendation to each party and his/her respective attorney, by mail, within fourteen (14) days, or at a later date as circumstances may control, from the date in which the binding recommendation was decided. Decisions of Xxxxxxx X. Xxxxxx that involve severe time constraints and, possible emergencies, may initially be made orally but communicated to both parties by Xxxxxxx X. Xxxxxx, and are binding. Xxxxxxx X. Xxxxxx will follow-up with a written document and copy to the parents’ attorneys and to the Court for approval as soon as possible. If either parent does not agree with the binding recommendation, he/she shall submit said issue to the Court for hearing. Binding recommendations and exhibits thereto shall be prepared by PC’s assistant at a rate of Eighty Dollars ($80.00) per hour as directed by Xxxxxxx X. Xxxxxx.
