Common use of Optional Mediation Clause in Contracts

Optional Mediation. (i) Either party, with the agreement of the other party, may advance a grievance to mediation within ten (10) days of receipt of the Employer’s written decision at Step 2. Where the matter is so referred, the mediation process shall conclude before the matter can to be advanced to Arbitration. (ii) No grievance shall be submitted to mediation which has not been properly carried through the grievance procedure. (iii) Mediation will commence within fifteen (15) days, subject to the availability of the mediator, of the grievance being submitted to mediation. (iv) The parties shall mutually agree on a mediator. (v) The Union and the Employer will share the cost of the mediator, if any. (vi) Proceedings before the mediator shall be informal. The purpose of the mediator’s involvement in the grievance process is to assist the parties in reaching a resolution of the dispute. Anything said, proposed, generated or prepared by either party for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose. (vii) If desired, an agreed statement of facts will be provided to the mediator and, if possible, in advance of the mediation conference. (viii) The mediator will have the authority to meet separately with either party. (ix) If settlement cannot be reached either party can advance the matter to arbitration, in accordance with the provisions of the Collective Agreement, within ten (10) days of the formal conclusion of mediation.

Optional Mediation. (i) Either party, with the agreement of the other party, may advance a grievance to mediation within ten seven (107) days of receipt of the Employer’s written decision at Step 2. Where the matter is so referred, the mediation process shall conclude before the matter can to be advanced to Arbitration. (ii) No grievance shall be submitted to mediation which has not been properly carried through the grievance procedure. (iii) Mediation will commence within fifteen (15) days, subject to the availability of the mediator, of the grievance being submitted to mediation. (iv) The parties shall mutually agree on a mediator. (v) The Union and the Employer will share the cost of the mediator, if any. (vi) Proceedings before the mediator shall be informal. The purpose of the mediator’s involvement in the grievance process is to assist the parties in reaching a resolution of the dispute. Anything said, proposed, generated or prepared by either party for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose. (vii) If desired, an agreed statement of facts will be provided to the mediator and, if possible, in advance of the mediation conference. (viii) The mediator will have the authority to meet separately with either party. (ix) If settlement cannot be reached either party can advance the matter to arbitration, in accordance with the provisions of the Collective Agreement, within ten seven (107) days of the formal conclusion of mediation.