Common use of Mediation (Optional) Clause in Contracts

Mediation (Optional). ‌ If the Association is not satisfied with the answer at Step Two of the grievance procedure, the Association may submit the matter to mediation by notifying Employee Relations in writing that the answer to the grievance is not satisfactory to the Association and the Association is requesting mediation. Such notice must be received in Employee Relations within fifteen (15) working days of the Employer’s Step Two grievance answer in order to be properly referred for mediation. The Association and the Employer must mutually agree in writing to submit the matter to mediation. A representative of Employee Relations must contact the mediator within ten (10) working days of receipt of the request to mediation. It is clearly understood that the mediator’s role is to assist the parties in resolving the dispute and nothing done by the mediator is binding on either the Employer or the Association. If the Association is not satisfied with the answer at Step Two of the Grievance Procedure (or does not wish to accept the recommendation by the mediator - if the grievance has been referred to that step) then the Association (Grievance Committee) may submit the matter to arbitration by notifying Employee Relations in writing that the answer is not satisfactory to the Association and the Association is requesting arbitration. Such notice must be received in Employee Relations within either fifteen (15) working days of the Employer's Step Two grievance answer or within fifteen (15) working days of the conclusion of mediation.