Common use of Commitment to Avoid Arbitration Clause in Contracts

Commitment to Avoid Arbitration. The parties to this Agreement wish to encourage the settlement of grievances as soon as is possible and, wherever possible, without resorting to Arbitration. For these reasons, the parties shall take advantage of the process for mediation/arbitration wherever possible. Notwithstanding the foregoing, either party may determine it is better served to go directly to Arbitration. That party shall notify the other in writing. Should a party wish to mediate one (1) or more grievances prior to hearing them at Arbitration or mediation/arbitration, it shall notify the other party of its request to do so in writing and the parties shall meet within fifteen (15) days to determine whether the parties mutually agree to mediate one (1) or more of the grievances. If the parties agree to mediate any grievances, the parties shall agree upon and share the cost of the mediator and schedule the mediation as expeditiously as possible, and in any event any mediation scheduled must be at least sixty (60) days before any scheduled Arbitration.