Voluntary, Non-Binding Mediation Clause Samples
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Voluntary, Non-Binding Mediation. If executive-level performance review is not successful in resolving the dispute, the parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within five (5) business days after the parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one (1) business day. The parties mutually shall select an independent mediator experienced in software development and software distribution disputes, and each shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation shall be left to the discretion of the mediator and the designated party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other party.
Voluntary, Non-Binding Mediation. If executive-level performance review is not successful in resolving the Problem, the Parties may, but shall not be obligated to, mutually agree in writing to submit the Problem to non-binding mediation. Mediation must occur within five (5) Business Days after the Parties agree to submit the Problem to mediation. The Parties mutually shall select an independent mediator experienced in IT systems, and each shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the Problem. The specific format for the mediation shall be left to the discretion of the mediator and the designated Party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other Party.
Voluntary, Non-Binding Mediation. (a) If the grievance proceeds to Mediation, one jointly selected mediator shall meet with the parties as soon as reasonably practicable and the mediator shall:
(i) investigate the dispute;
(ii) define the issue in dispute; and
(iii) make written recommendations to resolve the dispute.
(b) During the proceedings, the parties shall fully disclose all materials and information relating to the issue(s) in dispute. The proceedings shall be conducted with a view to settling the dispute, and, as such, are privileged.
(c) The fees and expenses of the mediator shall be shared equally between the parties to the dispute.
(d) If the grievance is not settled at this stage, either Party may decide to proceed to Arbitration.
Voluntary, Non-Binding Mediation. If executive-level performance review does not result in successful resolution of the dispute, the parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within *** after the parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to *** . The parties mutually shall select an independent mediator experienced in commercial contract telecommunications disputes, and each shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation shall be left to the discretion of the mediator and the designated party representatives and may include the preparation of agreed-upon statements of fact or written statements of position furnished to the other party. Long Distance MSA -21-
Voluntary, Non-Binding Mediation. If executive level performance review is not successful in resolving the dispute, the parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within five (5) business days after the parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one (1) business day. The parties mutually shall select an independent mediator experienced in
Voluntary, Non-Binding Mediation. If the prior levels of dispute resolution are not invoked or are unsuccessful, the parties may, but shall not be obligated to, mutually agree in writing to submit the dispute to non-binding mediation. Mediation must occur within thirty (30) days after the parties agree to submit the dispute to mediation. The parties mutually shall select an independent mediator experienced in information systems of the type in dispute, and each shall designate one or more representatives to meet with the mediator in good faith in an effort to resolve the dispute. The specific format for the mediation shall be left to the discretion of the mediator and the designated party representatives and may include the preparation of agreed- upon statements of fact or written statements of position furnished to the other party.
Voluntary, Non-Binding Mediation. (a) If the grievance proceeds to Mediation, one jointly selected mediator shall meet with the Parties as soon as reasonably practicable and the mediator shall:
(i) investigate the dispute;
(ii) define the issue in dispute; and
(d) If the grievance is not settled at this stage, either Party may decide to proceed to Arbitration.
Voluntary, Non-Binding Mediation. A grievance not resolved at Step 3 may be referred to Voluntary non-binding Mediation if both the Union and the Employer agree to mediation with ten (10) days of the decision of the President or designate. The purpose of the Mediator's involvement in the grievance process is to assist the parties in reaching a resolution of the dispute and all discussions and related documentation are considered privileged. The costs of the Mediator and expenses shall be shared equally between the Parties. If there is no resolution at Step 3 or voluntary non-binding mediation, the grievance may be advance to Step 4 - Arbitration.