Mediation Procedure. The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure:
Mediation Procedure. The Mediator(s) shall apply the mediation procedures and processes provided for herein (not the rules of the ADR organization with which they are affiliated) and shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediator(s), unless the parties otherwise agree, shall adhere to the following procedure:
Mediation Procedure. The mediation will be conducted pursuant to the rules generally used by the mediator in the mediator’s practice, subject to the following:
Mediation Procedure. The mediation procedure is entirely informal in nature. The relevant facts should be elicited in a narrative fashion to the extent possible, rather than through examination and cross-examination of witnesses. The rules of evidence will not apply and no record of the proceedings will be made. All persons involved in the events giving rise to the grievance should be encouraged to participate fully in the proceedings, both by stating their views and by asking questions of the other participants at the mediation hearing. The primary effort of the mediator should be to assist the parties in settling the grievance in a mutually satisfactory fashion. In attempting to achieve a settlement, the mediator is free to use all of the techniques customarily associated with mediation, including private conferences with only one (1) party. If settlement is not possible, the mediator should provide the parties with an immediate opinion, based on the Collective Bargaining Agreement, as to how the grievance would be decided if it went to arbitration. That opinion would not be final and binding, but would be advisory. It would be delivered orally and would be accompanied by a statement of the reasons for the mediator's opinion. The advisory opinion could be used as the basis for further settlement discussions or for withdrawal or granting of the grievance. If the grievance is not settled, granted or withdrawn, the parties are free to arbitrate. If they do, the mediator could not serve as arbitrator, and nothing said or done by the parties or the mediator during mediation could be used against a party during arbitration.
Mediation Procedure. X. Xxxxxx the Union or the District may request mediation of a grievance by making a written request to the other party within ten (10) working days of receipt of the written statement described in 2.C. above. If the other party agrees to mediation, it shall send a written notice to the other party within ten (10) working days of the request. Upon mutual agreement, the parties m a y engage in mediation, and the requesting party shall request a mediator from Federal mediation Conciliation Services (FMCS). The mediation request shall not toll the deadline for demanding arbitration set out in 5.A. below. If for any reason the mediation session has not occurred prior to the selected arbitrator’s cancelation penalty deadline, the mediation shall be canceled unless the party wishing to continue proceeding to mediation agrees to pay the arbitrator’s cancelation fee, if any, upon settlement of the case. When a settlement is reached through mediation, a settlement agreement will be signed by both parties. The grievance may proceed to arbitration if a settlement is not reached.
Mediation Procedure. All mediation proceedings will be conducted in accordance with the Contract and Florida Statutes.
Mediation Procedure. A. Grievance mediation shall be established as an option which is available to the parties after the final step of the internal grievance procedure. A request to mediate must be submitted within ten (10) work days following the Level 4 response. If mediation is requested by a party and the other party agrees to mediate, the time lines for filing a request for arbitration will be tolled subject to the mediation procedure. A party refusing mediation must give written notice to the other party within five (5) work days of the request. If mediation is refused, applicable time limits for appealing a grievance to arbitration contained in the parties’ Collective Bargaining Agreement shall commence on the day the refusal notice is issued.
Mediation Procedure. The mediation shall be conducted using the Construction Mediation Rules of the AAA. A principal of the Consultant and the Superintendent or designee of the School District, both having full authority to settle the claim and with authority to adjust pre-existing settlement authority if necessary, must attend the mediation session. To the extent there are other parties in interest, such as insurers, subconsultants, contractors, and/or designers, their representatives, with full authority to settle the claim and with authority to adjust pre-existing settlement authority if necessary, shall also attend the mediation session in person. Each party shall share the costs of mediation equally.
Mediation Procedure. 4.04 If a Grievance is to be submitted to mediation, the Mediator shall either be appointed by the appropriate Federal Mediation and Conciliation Office or be selected by agreement between the Employer and the Union. When the parties fail to agree upon a Mediator within five (5) working days after agreement to mediate, the Union or the Parties, jointly, shall promptly request a list of seven (7) names from the Federal Mediation and Conciliation Service. The decision to choose will be made by the party requesting mediation.
Mediation Procedure. Once a grievance has been responded to at Step 2, the Union may elect to appeal an unresolved grievance to arbitration, or an issue may be submitted by mutual agreement to mediation. A grievance may only be referred to mediation by mutual agreement of the parties following a timely appeal to arbitration. The mediator shall be elected by mutual agreement of the parties from the list supplied by the Federal Mediation and Conciliation Service or another mutually agreeable mediator. The mediator shall serve for a one-day session and is thereafier subject to removal by either party. In the event the parties are unable to agree upon the selection of a mediator, this mediation procedure shall not be effective. The expenses and fees of the mediator shall be shared equally by the parties. Attendance at the mediation sessions shall be limited to the following: Union: Spokesperson, Assigned Union Representative, Grievant. Employer: Spokesperson, Human Resources Representative, Management Representative. Legal counsel for either party, or court reporters, nor any type of note takers shall be allowed to be present at the proceedings. The mediation proceedings shall be entirely informal in nature. The relevant facts shall be elicited in a narrative fashion by each party’s spokesperson to the extent possible, rather than through the examination of witnesses. The rules of evidence will not apply, and no record of the proceedings will be made.Either party may present documentary evidence to the mediator, which shall be returned to the parties at the conclusion of the proceedings. The primary effort of the mediator should be to assist the parties in settling the grievance in a mutually satisfactory manner. In attempting to achieve a settlement the mediator is free to use all of the techniques customarily associated with mediation, including private conferences, with only one party, select individuals, etc. Either party will be free to arbitrate if mediation fails.
