Formal Mediation Clause Examples

Formal Mediation. Within twenty (20) days after the written response is sent from the College President or his/her designated representative at Step Two, with mutual agreement, the parties may appeal to a mutually agreed upon external mediation service for assistance. Costs associated with mediation services shall be shared between the parties. The purpose of the mediation is to seek a settlement of the dispute in good faith and to the satisfaction of all parties.
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Formal Mediation. If the grievance is not resolved at Step 3, within fifteen (15) calendar days of receipt of the Step 3 decision, the grievant or their representative, if any, may submit a request, with a copy to the DHRM LRU for formal mediation with the Federal Mediation & Conciliation Service (FMCS). The proceedings of any formal mediation will not be recorded or reported in any manner, except for agreements that may be reached by the parties during the formal mediation session. Offers to resolve the grievance and statements made by or to the mediator, or by or to any party or other participant in the mediation are confidential and may not later be introduced as evidence, may not be made known to an Arbitrator at a hearing, or may not be construed for any purpose as an admission against interest, unless they are independently admissible.
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Formal Mediation. Within twenty (20) days after the written response to the Step Two meeting is received by the grievant and Federation the parties may, with mutual agreement, appeal to a mutually agreed upon external mediation service for assistance. Costs associated with mediation services shall be shared between the parties. The purpose of the mediation is to seek a settlement of the dispute in good faith and to the satisfaction of all parties.
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Formal Mediation. 3.1 If the complainant and alleged harasser agree, a qualified person from outside the organization will act as a mediator, and that person will attempt to help the parties settle the complaint in a timely manner. The mediator will be chosen through mutual agreement between the Employer and the Union. 3.2 The complainant and the respondent each have the right to be accompanied and assisted during mediation sessions. 3.3 If mediation is unsuccessful the mediator shall have no further role/involvement in the matter, unless the parties to the complaint jointly request the mediator’s services at a later stage.
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Formal Mediation. CPRA and XXXX Contractor agree that if the informal mediation process described in XXXX Section 506-26.3 fails, then the parties will submit to at least four hours of formal mediation, as described below, conducted by United States Arbitration & Mediation (USA&M) or its affiliated offices. Mediator The mediator will be a USA&M mediator located in an office to be agreed upon by CPRA and the XXXX Contractor. CPRA and XXXX Contractor recognize that at the formal mediation and at every other point in the proceedings, neither USA&M nor the mediator will be acting as a legal advisor representative for any or all parties. Formal Mediation Procedure The formal mediation will involve CPRA and XXXX Contractor meeting with a mediator in an attempt to reach a voluntary settlement for any dispute that rises to the level of formal mediation. Formal mediation involves no court procedures or rules of evidence, and the mediator will not render a binding decision or force an agreement on CPRA and XXXX Contractor. CPRA and XXXX Contractor shall consult with legal counsel before signing documents which result from the formal mediation.
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Formal Mediation. If the Executive Director, complaint and respondent agree, the parties may undertake mediation. Within 10 days, the Executive Director will appoint a mediator agreed upon by the Employer and the Union. The mediator will coordinate the mediation between the Parties. The complainant and the respondent each have the right to be accompanied and assisted during mediation sessions by someone they choose. The outcome of the mediation will result in one of the following: 1. No resolution: the complainant withdraws the allegation and no further action is taken; 2. A resolution is reached, written and signed by all Parties to the mediation; or 3. No resolution is reached and the complainant asks that the matter proceed to formal complaint and investigation.
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Formal Mediation. If the parties fail to resolve the matter informally under Paragraph 6.3 within thirty (30) days, the parties shall submit their dispute to a mediator. The parties shall have ten (10) days to select a mediator. If the parties are unable to agree upon a mediator, the Chief Judge of the 4th Judicial District, Hennepin County, Minnesota, shall select a mediator. The mediation shall be conducted pursuant to the rules generally used by the mediator in the mediator’s practice, provided that the entire mediation process be concluded within 30 days of appointment of the mediator, or within such other time as the parties may agree in writing. If the mediation process fails to resolve the matter, both informal and formal dispute resolution shall be deemed to be complete.
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Formal Mediation. In the event the Parties are unable to resolve the dispute through the informal mediation procedure set forth above, the Parties shall submit the dispute to formal mediation to be conducted at a mutually acceptable location in Dallas County, Texas. Formal mediation shall be a prerequisite for filing suit. The mediator shall be selected as follows: (a) The Parties may jointly agree upon a particular mediator. All expenses of the mediation, including required traveling and other expenses or charges of the mediator, shall be borne equally by the Parties. The expenses of participants, such as expert witnesses for any side, shall be paid by the Party requesting the participant’s attendance. (b) If the Parties are unable to jointly agree upon a mediator, the Parties shall request Xxxxxx Mediations (“Xxxxxx”) to appoint a mediator and conduct the mediation. All mediation expenses, including any fees imposed by Xxxxxx as well as any required traveling and other expenses or charges of the mediator, shall be borne equally by the Parties. The expenses of participants for any Party shall be paid by the Party requesting the participant’s attendance.
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Formal Mediation. If the issues remain unresolved, the matter can be referred to an independent mediator, with whom both parties must agree to meet. Where the parties agree to meet with an independent mediator, but can not reach an agreement, the complaint can be referred to the relevant Xxxxxxxxx. If the issue remains unresolved following mediation, the matter can be referred to the relevant Ombudsman. If the internal public body complaints procedure has been exhausted without a satisfactory resolution of the dispute, an Ombudsman can investigate maladministration causing injustice. The Local Government Ombudsman [LGO] deals with all local Councils and the Parliamentary & Health Service Ombudsman with central government departments, Non Departmental Public Bodies (NDPBs) and NHS bodies. Once an organisation lodges a complaint with the Ombudsman, s/he will check whether the public body in question has had an opportunity to respond [i.e. through their own complaints procedure]. If they have, s/he will appoint an investigator to make contact with both parties and try to resolve the dispute informally. If this is unsuccessful, an investigation usually involves speaking to both parties and other relevant witnesses, gathering and reviewing all of the documents and producing an initial review, or draft report. Ombudsmen sometimes reach agreement by negotiation with the public body on the proposed remedies, which can be an effective way to secure a settlement. The services of Ombudsman are free to Third Sector organisations, but are subject to the Ombudsman’s agreement to look into the case. A complaint to the Ombudsman can often be a lengthy process and the Local Government Ombudsman has in previously refused to investigate two cases relating to “commercial or contractual transactions” i.e. funding decisions by local Councils concerning voluntary and community organisations. Details of key Ombudsman organisations are: • Ombudsman for Health: xxx.xxxxxxxxx.xxx.xx - (free service) • Ombudsman for Local Government: xxx.xxx.xxx.xx - (free service) Where the matter remains unresolved, it can be referred to Judicial Review. Anyone with ‘sufficient interest’ in a decision can ask the court to look at the decision-making process to see if it was lawful. This can often be an expensive, stressful and a time-consuming exercise for all involved, and is often a last resort in holding a public body to account when all other avenues have been exhausted. For full details of Compact Dispute Resol...
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Related to Formal 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.

  • 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.

  • 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.

  • 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.

  • Negotiation and Mediation If either party serves written notice of a Dispute upon the other party (a “Dispute Notice”), the parties will first attempt to resolve the Dispute by direct discussions between representatives of the parties who have authority to settle the Dispute. In the event the Dispute is not resolved within 15 days by the initial representatives to whom the matter is referred, the Dispute will be escalated for resolution to the CFO of each party. If the parties agree, they may also attempt to resolve the Dispute through mediation administered by a mutually agreed upon mediator.