Requesting Mediation Clause Samples

The 'Requesting Mediation' clause outlines the process by which parties to an agreement can initiate mediation to resolve disputes. Typically, it specifies the steps required to formally request mediation, such as providing written notice to the other party and selecting a mutually agreed-upon mediator. This clause ensures that parties have a clear, structured method for seeking alternative dispute resolution before pursuing litigation, thereby promoting efficient conflict resolution and potentially saving time and costs.
Requesting Mediation. If an employee believes he/she has been subjected to harassment, discrimination or misuse of authority, he/she may wish to make his/her objection and/or unease known to the person in order to resolve the issue prior to seeking mediation. If dealing directly with the person is not an option or is unsuccessful, the employee may seek the confidential advice of a Harassment Advisor or the Union. Requests for mediation may be initiated through a Harassment Advisor, the Union or the Human Resources Department. Requests will be accompanied by a signed written complaint which should include the following where applicable: • name(s) of the Complainant(s) and the Respondent(s) • a description of the action(s), conduct, events, or circumstances • date, time and place of incident(s) • name(s) of witnesses • prior attempts to resolve the situation • remedy sought
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Requesting Mediation. While the mediator shall have no authority to impose a resolution on the grievance, either or both parties may request that the mediator suggest a resolution or offer a recommendation to the parties. The mediator will have the authority to meet separately with either or both parties.
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Requesting Mediation. If an employee believes they have been subjected to harassment, discrimination or misuse of authority, they may wish to make their objection and/or unease known to the person in order to resolve the issue prior to seeking mediation. If dealing directly with the person is not an option or is unsuccessful, the employee may seek the confidential advice of a Harassment Advisor or the Union. Requests for mediation may be initiated through a Harassment Advisor, the Union or the Human Resources Department. Requests will be accompanied by a signed written complaint which should include the following where applicable: • name(s) of the Complainant(s) and the Respondent(s) • a description of the action(s), conduct, events, or circumstances • date, time and place of incident(s) • name(s) of witnesses • prior attempts to resolve the situation • remedy sought
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Requesting Mediation. A. Processing Requests A participant who wishes to pursue mediation must file a request for mediation with the official designated in the decision notice. This request must be filed no later than 30 calendar days after the date on which the decision notice was received. This policy is applicable to both the title XII and non-title-XII conservation programs. Requesting mediation pauses the 30-calendar-day time clock after which the decision becomes final. If mediation is unsuccessful, the 30-calendar-day time clock will restart with the remaining balance of the 30 calendar days. The following guidance is provided. Figure 510-E2 Program Type Guidance Certified State NRCS will provide the participant with the name, address, telephone, and FAX of the designated NRCS contact and the State Mediation Program manager in the decision notice. If the participant files a timely request for mediation through the NRCS contact, NRCS will forward the participant information along with the adverse decision to the State Mediation Program manager. Uncertified State NRCS will provide the participant with the name, address, telephone, and FAX of the designated NRCS contact in the decision notice. If the participant files a timely request for mediation through the NCRS contact, NRCS will provide a list of mediators which has been prepared in accordance with section 510.41(C). NRCS officials must assist in making arrangements for the mediation session. Note: Participants in mediation may be required to pay fees established by the mediation program (see 7 CFR Section 614.11(a)).
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Requesting Mediation. If an employee believes he/she has been subjected to harassment, discrimination or misuse of authority, he/she may wish to make his/her objection and/or unease known to the person in order to resolve the issue prior to seeking mediation.
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Requesting Mediation i) ▇▇▇▇▇ to requesting mediation, an employee who believes they are the recipient of inappropriate or unacceptable behaviour is encouraged to deal directly with the person(s) whose behaviour is at issue in an effort to come to a resolution. ii) If dealing directly with the person is either unsuccessful, or is considered inappropriate, the complainant may seek the confidential advice of the Union or Human Resources. iii) Requests for mediation may be initiated through the Union, or Human Resources. The nature of the offending behaviour, relevant dates, and the name of the person whose behaviour is at issue will be submitted in writing, signed by the complainant, to Human Resources. Human Resources will provide a copy of all mediation requests to the Union Representative.
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Requesting Mediation i) ▇▇▇▇▇ to requesting mediation, an employee who believes they are the recipient of inappropriate or unacceptable behaviour is encouraged to deal directly with the person(s) whose behaviour is at issue in an effort to come to a resolution. ii) If dealing directly with the person is either unsuccessful, or is considered inappropriate, the complainant may seek the confidential advice of the Union or the Coordinator of Human Resources or Human Resources Officer. iii) Requests for mediation may be initiated through the Union, a Human Resources Officer or the Coordinator of Human Resources. The nature of the offending behaviour, relevant dates, and the name of the person whose behaviour is at issue will be submitted in writing, signed by the complainant, to the Coordinator, Human Resources. The Human Resources Coordinator will provide a copy of all mediation requests to the Union Representative
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Related to Requesting Mediation

  • Optional Mediation The Parties may mutually agree to non-binding mediation: (a) If the grievance is not resolved at Step 3, either Party may request that a Mediator be appointed to meet with the Parties, investigate and define the issues in dispute and facilitate a resolution. (b) The Mediator shall be appointed by mutual agreement between the Parties. (c) The purpose of the Mediator's involvement in the grievance process is to assist the Parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose. (d) The expenses of the Mediator shall be equally borne by both Parties. (e) The grievance may be resolved by mutual agreement between the Parties.

  • Mandatory Mediation Prior to and as a condition of either Party’s filing suit in state or federal court, the Parties shall engage in a mediated settlement conference in accordance with the North Carolina Superior Court Rules Implementing Statewide Mediation. The Parties shall mediate in good faith until settlement is reached or an impasse is declared by the mediator.

  • Dispute Resolution; Mediation (a) Either party may commence the dispute resolution process of this Section 8.2 by giving the other party written notice (a “Dispute Notice”) of any controversy, claim or dispute of whatever nature arising out of or relating to or in connection with this Agreement, any Ancillary Agreement or the breach, termination, enforceability or validity thereof (a “Dispute”) which has not been resolved in the normal course of business or as provided in the relevant Ancillary Agreement. The parties shall attempt in good faith to resolve any Dispute by negotiation between executives of each party (“Senior Party Representatives”) who have authority to settle the Dispute and, unless discussions between the parties are already at a senior management level, who are at a higher level of management than the Persons who have direct responsibility for the administration of this Agreement or the relevant Ancillary Agreement. Within fifteen (15) days after delivery of the Dispute Notice, the receiving party shall submit to the other a written response (the “Response”). The Dispute Notice and the Response shall include (i) a statement setting forth the position of the party giving such notice and a summary of arguments supporting such position and (ii) the name and title of such party’s Senior Party Representative and any other Persons who will accompany the Senior Party Representative at the meeting at which the parties will attempt to settle the Dispute. Within thirty (30) days after the delivery of the Dispute Notice, the Senior Party Representatives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. The parties shall cooperate in good faith with respect to any reasonable requests for exchanges of Information regarding the Dispute or a Response thereto. (b) If the Dispute has not been resolved within sixty (60) days after delivery of the Dispute Notice, or if the parties fail to meet within thirty (30) days after delivery of the Dispute Notice as hereinabove provided, the parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 8.2 before resorting to arbitration contemplated by Section 8.3 or any other dispute resolution procedure that may be agreed by the parties. (c) All negotiations, conferences and discussions pursuant to this Section 8.2 shall be confidential and shall be treated as compromise and settlement negotiations. Nothing said or disclosed, nor any document produced, in the course of such negotiations, conferences and discussions that is not otherwise independently discoverable shall be offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration. (d) Unless the parties agree otherwise, the mediation shall be conducted in accordance with the CPR Institute for Dispute Resolution Model Procedure for Mediation of Business Disputes in effect on the date of this Agreement by a mediator mutually selected by the parties. (e) Within thirty (30) days after the mediator has been selected as provided above, both parties and their respective attorneys shall meet with the mediator for one (1) mediation session, it being agreed that each party representative attending such mediation session shall be a Senior Party Representative with authority to settle the Dispute. If the Dispute cannot be settled at such mediation session or at any mutually agreed continuation thereof, either party may give the other and the mediator a written notice declaring the mediation process at an end. (f) Costs of the mediation shall be borne equally by the parties involved in the matter, except that each party shall be responsible for its own expenses. (g) Any Dispute regarding the following matters is not required to be negotiated or mediated prior to seeking relief from an arbitrator or, if applicable, from a court pursuant to Section 10.14: (i) breach of any obligation of confidentiality or waiver of Privilege; and (ii) any other claim where interim relief is sought to prevent serious and irreparable injury to one of the parties. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such arbitration is pending.

  • Non-Binding Mediation Any Dispute not resolved pursuant to Section 7.2 shall, upon the written request of a Party (a “Mediation Request”), be submitted to nonbinding mediation in accordance with the then current JAMS International Mediation Rules (the “Mediation Rules”), except as modified herein. The mediation shall be held in (i) San Jose, California or (ii) such other place as the Parties may mutually agree in writing. The Parties shall have twenty (20) days from receipt by a Party of a Mediation Request to agree on a mediator. If no mediator has been agreed upon by the Parties within twenty (20) days of receipt by a party of a Mediation Request, then a Party may request (on written notice to the other Party), that JAMS appoint a mediator in accordance with the Mediation Rules. All mediation pursuant to this clause shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and no oral or documentary representations made by the Parties during such mediation shall be admissible for any purpose in any subsequent proceedings. No Party shall disclose or permit the disclosure of any information about the evidence adduced or the documents produced by the other Party in the mediation proceedings or about the existence, contents or results of the mediation without the prior written consent of such other Party, except in the course of a judicial or regulatory proceeding or as may be required by Law or requested by a Governmental Authority or securities exchange. Before making any disclosure permitted by the preceding sentence, the Party intending to make such disclosure shall, to the extent reasonably practicable, give the other Party reasonable written notice of the intended disclosure and afford the other party a reasonable opportunity to protect its interests. If the Dispute has not been resolved within sixty (60) days of the appointment of a mediator, or within ninety (90) days after receipt by a Party of a Mediation Request (whichever occurs sooner), or within such longer period as the Parties may agree to in writing, then the Dispute shall be submitted to binding arbitration in accordance with Section 7.4.

  • Grievance Mediation Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and the time line for grievance mediation to occur.