Fast Track Mediation/Arbitration Process Clause Samples
The Fast Track Mediation/Arbitration Process clause establishes an expedited procedure for resolving disputes between parties, bypassing the typically lengthy standard mediation or arbitration timelines. Under this clause, disputes are subject to shortened deadlines for submissions, hearings, and decisions, and may limit the scope of discovery or the number of witnesses to streamline proceedings. Its core practical function is to provide a quicker, more efficient resolution to conflicts, minimizing delays and reducing costs associated with protracted dispute resolution.
Fast Track Mediation/Arbitration Process. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 21 of this Collective Agreement.
1) The process can only be used by mutual agreement between the parties who are signatories to this Collective Agreement.
2) The outcome will be binding on the parties.
3) The cost will be borne in accordance with Section 112 of the Labour Relations Code, i.e. Employer - one third, Union - one third, Government - one third.
4) The procedure may be used after Step One or Step Two of the grievance procedure.
5) No legal counsel will be used by either party.
6) The number of cases to be heard at any given time will not exceed three (3).
7) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator.
8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties.
9) In such cases that the arbitrator must write decision, such decision shall be brief and to the point.
10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case.
11) General rules of evidence will be waived except for the rule of “onus”.
12) Location to be agreed between the parties
13) Procedures Guidelines:
(a) The Opening Statement-, this should basically set out the case from each party’s perspective. The arbitrator shall aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not.
(b) The Hearing: sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of creditability or conflicting evidence, the key individuals must testify.
(c) The Argument as agreed, the parties will not cite legal precedents but may refer to ▇▇▇▇▇ and ▇▇▇▇▇▇, ▇▇▇▇▇▇ etc. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by counsel to ensure that all relevant clauses are put before the arbitrator.
(d) Mediation: Counsel must accept some responsibility at this stage to assist the arbitrator in assessing the evidence before him. Specifically, if counsel can assist in assessing creditability and/or contradictory evidence, they should do so.
Fast Track Mediation/Arbitration Process. The parties recognize that there may be times when an expedited mediation/arbitration process is desirable.
Fast Track Mediation/Arbitration Process. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 21 of this Collective Agreement:
(a) The process can only be used by mutual agreement between the parties who are signatories to this Collective Agreement;
(b) The outcome will be binding on the parties;
(c) The cost will be borne in accordance with Section 112 of the Labour Relations Code, i.e. Employer – one-half (1/2) , Union – one-half (1/2);
(d) The procedure may be used after Step One or Step Two of the grievance procedure;
(e) No legal counsel will be used by either party;
(f) The number of cases to be heard at any given time will not exceed three (3).
(g) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator;
(h) Wherever possible the arbitrator will attempt to mediate a settlement between the parties;
(i) In such cases that the arbitrator must write decision, such decision shall be brief and to the point;
(j) An agreed schedule for the process will be arranged in advance, based on a
(k) General rules of evidence will be waived except for the rule of "onus";
Fast Track Mediation/Arbitration Process. (a) Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal Grievance Procedure outlined in Article 22 of the Collective Agreement:
1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement.
2) The outcome will be binding on both parties.
3) Each party to this process will be responsible for its own costs and will share equally the cost associated with the Mediation/Arbitration process.
4) The procedure cannot be used should an application for a Settlement Officer, under Section 87 of the Labour Relations Code, have been made by either party.
5) No legal counsel will be used by either party. The Union will use elected officers or Union representatives. The Employer will use employees of their Human Resources Office.
6) The number of cases to be heard at any given time will not exceed three (3).
7) The parties or their representatives will try to get an agreed statement of facts for presentation to the arbitrator.
8) Wherever possible, the arbitrator will attempt to mediate a settlement between the parties.
9) In such case that the arbitrator must write a decision, such decision shall be brief and to the point.
10) An agreed schedule for the process will be arranged in advance based on a mutual assessment of the length of time needed to present each case.
11) General rules of evidence will be waived except for the rule of “onus”.
12) The offices of the parties will be used for the process on an alternating basis.
Fast Track Mediation/Arbitration Process. Procedure
(1) The process can only be used by mutual agreement between the parties who are signatory to this collective agreement.
(2) The outcome will be binding on the parties.
(3) The cost will be borne in accordance with Section 112 of the Industrial Relations Act (e.g. Employer one-third, Union one-third, government one-third.
(4) The procedure may be used after Step 2 of the Grievance Procedure outlined in Article 8 -
Fast Track Mediation/Arbitration Process