Nonmonetary Clause Samples

Nonmonetary. If the parties, having met in joint conference, do not reach agreement, either party may invoke the services of a mediator who is the joint selection of the parties from a list of five mediators obtained from the Federal Mediation and Conciliation Service. If the parties are unable to jointly select a mediator from the list, each party will cross off the name of a mediator until only one name is left, and the mediator whose name is left will be asked to serve. The compensation and expenses of the mediator are borne equally by TVA and the OPEIU. If agreement on an issue is not reached through mediation, either party, within 30 days after the end of mediation, may refer the matter to a tribunal for decision. To select the Arbitration Tribunal, TVA and the OPEIU will each develop a list of three arbitrators listed with the Federal Mediation and Conciliation Service (FMCS) or with the American Arbitration Association (AAA). OPEIU will select one of the three arbitrators on TVA’s list and TVA will select one of the three arbitrators on the OPEIU’s list. If the arbitrator selected cannot serve, another arbitrator will be added to the list and the other party will select from the three arbitrators listed. The third member of the Arbitration Tribunal will be selected from a second list of three arbitrators generated by the OPEIU or a second list generated by TVA. The second list shall be comprised of FMCS or AAA-listed arbitrators whose names do not appear on the first list. The selection of the chair will be determined by a coin toss. The party losing the toss will select the chair from the second list generated by the party winning the toss. If the arbitrator selected cannot serve, the party generating the list will add another arbitrator to the list and the party losing the coin toss will select from the three arbitrators listed. The compensation and expenses of the Arbitration Tribunal are borne equally by TVA and the OPEIU. Within 30 days after selection of the full tribunal, each party will submit to the tribunal a statement of its final position which is established prior to mediation on each issue to be arbitrated. It sends a copy of the statement to the other party. Either party may request the tribunal to hold a hearing. If requested, a hearing will be scheduled within 30 days at a mutually agreeable site. At the close of the hearing, either or both parties may advise the tribunal of its intent to submit a brief to the tribunal within 30 days. If a brief...