Alternate Dispute Resolution (ADR) Clause Samples

Alternate Dispute Resolution (ADR). Alternate Dispute Resolution is intended to provide a timely resolution with minimal formality. (a) Mutual agreement by both parties shall be required. (b) Neither side shall be represented by lawyers hired for this purpose (c) Neither side will call witnesses except by mutual agreement (d) The Parties shall mutually agree on an arbitrator (e) Every effort will be made to complete the hearing in one working day. (f) If possible, the decision will be immediately rendered verbally, but in either case will be provided in writing within ten (10) working days. (g) Awards will be limited to the decision with a summary of the arbitrator’s reasons. (h) All Alternate Dispute Resolution decisions shall be without prejudice and will not set precedent or be referred to in subsequent grievances. (i) Each Party shall pay their own costs and expenses of the Arbitration and one-half (1/2) of the remuneration and disbursements or expenses of the Arbitrator. (j) Should either Party wish to withdraw from this ADR process prior to the commencement of the hearing date, the Party responsible for the withdrawal shall serve written notice to the other Party and to the arbitrator In this circumstance, the Party withdrawing from the ADR process shall be responsible for any fees charged by the Arbitrator.

Alternate Dispute Resolution (ADR). 32.1 If a dispute arises between the Parties relating to this Agreement, the Parties agree to use the following procedure prior to either Party pursuing other available remedies: (a) A meeting shall be held promptly between the Parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. (b) If, within twenty-one (21) days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, the matter will be escalated to senior management of the parties, initially Glen▇ ▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇., ▇▇O of CONVERGENT and Larr▇ ▇▇▇▇▇▇, ▇▇esident of CSI. (c) If, within thirty (30) days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they will jointly appoint a mutually acceptable neutral person not affiliated with either of the Parties (the "Neutral") to act as a mediator. If the Parties are unable to agree on the Neutral within twenty (20) days, they shall seek assistance in such regard from the CPR Institute for Dispute Resolutions ("CPR"). The fees of the Neutral and all other common fees and expenses shall be shared equally by the Parties. (d) The mediation may proceed in accordance with CPR's Model Procedure for Mediation of Business disputes, or the Parties may mutually establish their own procedure. (e) The Parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in resolution of the dispute within sixty (60) days, then, upon seven (7) days written notice to the other Party, either Party may suggest another form of ADR, e.g., a mini-trial or summary jury trial, or may pursue other available remedies. 32.2 All ADR proceedings shall be strictly confidential and used solely for the purposes of settlement. Any materials prepared by one Party for the ADR proceedings shall not be used as evidence by the other Party in any subsequent litigation; provided, however, the underlying facts supporting such materials may be subject to discovery. 32.3 Each Party shall, except as otherwise provided herein, be responsible for its expenses, including legal fees, incurred in the course of any arbitration proceedings. The fees of the Neutral arbitrator shall be divided evenly between the Parties. 32.4 CONVERGENT shall carry on and be paid for the technical and management services not in dispute and maintain the estimated schedule for Services during any Proprieta...

Alternate Dispute Resolution (ADR). The parties recognize that bona fide disputes as to certain matters may arise from time to time during the term of this Agreement which relate to either party’s rights and/or obligations. To have such a dispute resolved by this Alternative Dispute Resolution (“ADR”) provision, a party first must send written notice of the dispute to the other party for attempted resolution by good faith negotiations between their respective presidents (or their designees) of the affected subsidiaries, divisions, or business units within twenty-eight (28) days after such notice is received (all references to “days” in this ADR provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days of the notice of dispute, or if the parties fail to meet within such twenty-eight (28) days, either party may initiate an ADR proceeding as provided herein. The parties shall have the right to be represented by counsel in such a proceeding.

Alternate Dispute Resolution (ADR). The parties agree to cooperate in good faith to resolve disputes informally. In the event of any issue(s) under this agreement that cannot be resolved, the parties can provide a written notice of dispute to their respective agency’s next level for review and resolution. The written notice must include: a. An explanation of the reason for the dispute, including relevant facts; and b. Citation to the relevant provision(s) of the agreement; and c. Copies of supporting documents, if any; and d. The desired outcome or remedy sought from the responding party.

Alternate Dispute Resolution (ADR). Each party shall escalate any disputes arising hereunder to executive management, who will make good faith efforts to resolve the dispute in a timely manner. If attempts to resolve a dispute by each parties’ executive management fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by Customer and Plexus within forty-five (45) days after written notice by either party demanding mediation. Such mediation shall be conducted San Jose, California or another mutually-agreed location. Neither party may unreasonably withhold consent to the selection of a mediator, and Customer and Plexus will share the costs of the mediator equally. Each party shall pay its own attorneys’ fees. By mutual agreement, however, Customer and Plexus may postpone mediation until each has completed some specified but limited discovery regarding the dispute. The parties may also agree to replace mediation with some other form of alternate dispute resolution, such as neutral fact finding or a mini-trial. Any dispute which cannot be resolved between the parties through negotiation, mediation, or other form of ADR within three (3) months of the date of the initial demand for ADR by one of the parties may then be submitted to a court of competent jurisdiction in the State of California. The use of any ADR procedures will not be construed under the doctrines of laches, waiver, or estoppel to affect adversely the rights of either party. Nothing in this Section will prevent either party from resorting to judicial proceedings if (i) good faith efforts to resolve the dispute under these procedures have been unsuccessful, or (ii) interim relief from a court is deemed necessary by such party to prevent serious and irreparable injury to that party or to others.

Alternate Dispute Resolution (ADR). The Parties recognize that there are times when an alternate dispute resolution process may be desirable, and therefore, agree that the following process may be used as a substitute for the formal arbitration procedure outlined in the Collective Agreement. (a) The process can only be used by mutual agreement between the Parties who are signatory to this Collective Agreement. (b) The Parties will decide in advance of initiating the process whether the outcome will be a binding or non-binding recommendation. Should the Parties agree to a non-binding process, if they fail to reach an agreed to resolution, either Party may refer the matter to formal arbitration. (c) Each Party to the ADR will be responsible for its own costs and will share equally the cost associated with the Arbitrator. (d) The offices of the Union or the Company will be used for the process on an alternating basis. (e) No legal counsel will be used by either Party. The Union will designate and use a Union Representative. The Company will use employees of their People Department. (f) The Parties will create a schedule for the process in advance, based on a mutual assessment of the length of time needed to present each case.

Alternate Dispute Resolution (ADR). By mutual agreement, the Parties will utilize an alternate process (i.e., mediation, mock arbitration, etc.) if requested, by either Party at any point in the grievance process prior to arbitration. The parties may decide to utilize the FMCS grievance mediation service. 12.14.1. If an employee chooses not to be represented by the union in an ADR process, the union will be notified of the date and time to attend on behalf of the bargaining unit. The union’s role in the process is to observe, not participate.

Alternate Dispute Resolution (ADR). The Parties recognize that from time to time a dispute may arise relating to either Party’s rights or obligations under this Agreement. The Parties agree that any such dispute shall be resolved by the Alternative Dispute Resolution (“ADR”) provisions set forth in this Exhibit 9.11, the result of which shall be binding upon the Parties.

Alternate Dispute Resolution (ADR). The Parties recognize that there are times when an expedited alternate dispute resolution process arbitration may be desirable, and therefore, agree that the following process may be used as a substitute for the formal arbitration grievance procedure outlined in this article of the Collective Agreement. a) The process can only be used by mutual agreement between the Parties who are signatory to this Collective Agreement. b) The Parties will decide in advance of initiating the process whether the outcome will be a binding or non-binding recommendation. Should the Parties agree to a non-binding process, if they fail to reach an agreed to resolution, either Party may refer the matter to formal arbitration. c) Each Party to the arbitrationADR will be responsible for its own costs and will share equally the cost associated with the Arbitrator. d) The offices of the Union or the Company will be used for the process on an alternating basis. e) No legal counsel will be used by either Party. The Union will designate and use a Union Representative. The Employer will use employees of their Labour Relations Department. f) The Parties will create a schedule for the process in advance, based on a mutual assessment of the length of time needed to present each case. g) The Parties and the arbitrator will have a brief file management conference call prior to setting the agenda for any hearing dates. This will be to ensure the agenda is kept to a manageable length. h) Within (1) one week of the hearing, the Parties will provide an agreed statement of facts to the arbitrator. i) Wherever possible, the arbitrator will attempt to mediate a settlement between the Parties. The arbitrator shall have no authority to amend or alter the terms of the Collective Agreement. j) In such case that the arbitrator must write a decision, such decision shall be one to five pages long and to the point. k) Any decisions arising from this process shall be without precedent or prejudice to any position either Party may take in the future with regard to same or similar matters. The arbitrator will remain seized with respect to implementation, interpretation, and application of the decision.