Common use of Mediation Procedure Clause in Contracts

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.

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 thereafter 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 '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.

Mediation Procedure. Once a grievance Grievance has been responded to at Step 2, the Union either party may elect to appeal an unresolved grievance to arbitration, 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 either party following a timely appeal to arbitration. The mediator shall be elected selected by mutual agreement of the parties from the list supplied by the Federal Mediation and Conciliation Service or another mutually agreeable mediatorparties. The mediator shall serve for a one-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 or fees of the mediator shall be shared equally by the both parties. Attendance at the mediation sessions shall be limited to the followingshared equally by both parties: Union: Spokesperson, Spokesperson Assigned Union Representative, Grievant. Representative Grievant Employer: SpokespersonSpokesperson Company Representative Operations Representative Observers: By mutual agreement, Human Resources Representative, Management Representativeeither party may invite observers limited to a reasonable number who shall not participate in the mediation process. Legal Neither legal counsel for either party, or nor court reporters, or recording devices, 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, 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 settlement, the mediator is free to use all of the techniques customarily associated with mediation, including private conferences, conferences with only one party, select individuals, etc. If settlement is not achievable, the mediator will provide the parties with an immediate opinion, based on the Collective Bargaining Agreement, as to how he/ she thinks the grievance would be decided if it went to arbitration. Said opinion will not be final and binding, but rather advisory. The mediator’s opinion shall be given orally together with a statement of reasons for such. Either party will be free to arbitrate if return the dispute to arbitration. Should the mediation failsbe scheduled during the working shifi of the grievant, the grievant will be permitted time off work, subject to staffing availability, to attend mediation proceedings, without loss of pay. Union observers may request time off for Union business without pay.

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 thereafter 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.

Mediation Procedure. Once a grievance Grievance has been responded to at Step 2, the Union either party may elect to appeal an unresolved grievance to arbitration, 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 either party following a timely appeal to arbitration. The mediator shall be elected selected by mutual agreement of the parties from the list supplied by the Federal Mediation and Conciliation Service or another mutually agreeable mediatorparties. The mediator shall serve for a one-day session and is thereafier thereafter 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 or fees of the mediator shall be shared equally by the both parties. Attendance at the mediation sessions shall be limited to the followingshared equally by both parties: Union: Spokesperson, Spokesperson Assigned Union Representative, Grievant. Representative Grievant Employer: SpokespersonSpokesperson Company Representative Operations Representative Observers: By mutual agreement, Human Resources Representative, Management Representativeeither party may invite observers limited to a reasonable number who shall not participate in the mediation process. Legal Neither legal counsel for either party, or nor court reporters, or recording devices, 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, 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 settlement, the mediator is free to use all of the techniques customarily associated with mediation, including private conferences, conferences with only one party, select individuals, etc. If settlement is not achievable, the mediator will provide the parties with an immediate opinion, based on the Collective Bargaining Agreement, as to how he/she thinks the grievance would be decided if it went to arbitration. Said opinion will not be final and binding, but rather advisory. The mediator’s opinion shall be given orally together with a statement of reasons for such. Either party will be free to arbitrate if return the dispute to arbitration. Should the mediation failsbe scheduled during the working shift of the grievant, the grievant will be permitted time off work, subject to staffing availability, to attend mediation proceedings, without loss of pay. Union observers may request time off for Union business without pay.