Mediation of Complaints. If the complaint involves colleagues and the administrator is unable to resolve the issues, the employee(s) may request mediation through the EAP provider. Both parties must be willing to participate in mediation. The administrator shall contact the EAP provider to arrange this service.
Mediation of Complaints. Any GA and/or agencies who have a complaint concerning the GUARDIAN plan or a participating provider, should send a written explanation of the complaint to the provider’s office and to GUARDIAN. If the provider is unable to resolve the matter to the satisfaction of the member within forty-five (45) days after receipt of the complaint, the member may request the issue be resolved by GUARDIAN member services. Thereafter, if the matter remains unresolved, member shall be entitled to a GUARDIAN mediation panel. This panel is made up of three members; a GUARDIAN plan member, a provider, and a GUARDIAN employee. Participating providers and GUARDIAN plan members agree to be bound by the decision of the panel. The panel will make a decision within sixty (60) days after receipt of response to the complaint against the provider and/or the GUARDIAN plan. If the group/member remains unsatisfied, then any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or similar arbitration organization, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. It is further agreed that in the event of judgment against one of the parties, that party shall pay arbitration and/or court costs. Notwithstanding any dispute arising under this Agreement, each party will continue its obligations under this Agreement pending the arbitration decision. This paragraph shall survive the termination of the Agreement. Any term or part of this Agreement may be modified without effect to any other term or part, if such change is mandated by law, regulatory authority or court/arbitration order. It is understood and agreed by the parties hereto that if any part, term or article of this Agreement is deemed by the Courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions, provisions, or articles shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or articles, held to be invalid.
