Common use of Compulsory Mediation Clause in Contracts

Compulsory Mediation. (a) After the notification and reply process has been completed the Chairman may appoint a mediator from among the members of the Grievance Tribunal, or any other suitably qualified mediator. (b) If the dispute concerns a specialised area, the Chairman shall endeavour to appoint a mediator who has expertise in that specialised area. (c) The parties must meet with the mediator as soon as practicable and in good faith to resolve the dispute. (d) Each party must be represented at the mediation by a party with authority to make a binding decision and enter into a binding settlement agreement. (e) The mediator will notify the Secretary as soon as: (i) the parties have resolved the dispute; or (ii) the mediator has determined that the parties have been unable to resolve the dispute through mediation. (f) Absent an agreement by the parties, the mediator shall determine any applicable time limits for such mediation and the terms and conditions upon which such mediation shall take place.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement