Pilot Project on Expedited Mediation. The parties agree to establish a pilot project for expedited mediation. The members of the Central Dispute Resolution Committee (CDRC) may agree to refer central grievances to the expedited mediation process set out in this LOA. As per C4.14 of the central terms, timelines shall be held in abeyance from the time of referral to mediation until the completion of the mediation process. The referral of a grievance to mediation is without prejudice to either parties’ position on jurisdictional matters, including timeliness. The Parties agree to refer any mediation to agreed-upon mediator(s). In selecting a mediator, the parties shall have regard to reasonable availability, sector knowledge, and linguistic competence. Following ratification, the parties shall contact mediator(s) to establish dates for mediation every two months (excluding July and August). Dates shall be scheduled in consultation with the parties. Two of the expedited mediation sessions shall be conducted in French and three of the expedited mediation sessions shall be conducted in English every calendar year of the agreement unless agreed otherwise by the parties. It is understood that the resolution of any grievance under the mediation process shall be without prejudice and shall not be raised or relied upon by either party or the Crown in any future proceeding, except for enforcement purposes. The parties may jointly set down up to ten (10) grievances for each review. The mediator shall have the authority to assist the parties in a mediated resolution to the grievance. Each party shall prepare a mediation brief to assist the mediator, which shall include the following: • A short description of the grievance. • A statement of relevant facts. • A list of any relevant provisions of the collective agreement. • Any relevant documentation. The description of the grievance and the relevant facts shall not be typically longer than two pages. The party raising the grievance shall provide the opposing party (and the Crown, where applicable) with a complete brief no later than thirty (30) days prior to the scheduled review. The responding party shall provide their brief no later than five (5) days prior to the scheduled review. The Crown may provide a brief no later than two (2) days prior to the review. Where the matter is not resolved, the mediator is not seized to arbitrate the grievance.
