Alternate Dispute Resolution Process Clause Samples

The Alternate Dispute Resolution Process clause establishes a structured method for resolving disputes outside of traditional court litigation, typically through mediation, arbitration, or negotiation. This clause outlines the steps parties must follow if a disagreement arises, such as first attempting to resolve the issue through mediation before proceeding to binding arbitration. Its core practical function is to provide a more efficient, cost-effective, and private means of settling disputes, thereby reducing the time, expense, and adversarial nature associated with court proceedings.
Alternate Dispute Resolution Process a) If a satisfactory settlement cannot be effected at step 2, the parties will meet within 30 calendar days to determine one of the following dispute resolution mechanisms: Mediation, Expedited Arbitration, Single Arbitrator or Full Panel Arbitration. b) Should the parties mutually agree to grievance mediation, the grievance will be mediated. In the event the grievance was not successfully resolved through grievance mediation, the Union, within 30 calendar days, will inform the employer in writing of the decision to advance the grievance to arbitration. The parties will meet as per Article 6. 7 a) to determine the type of Arbitration. Failure to meet the time limit will result in the grievance being withdrawn and no further action can be taken on the matter. c) Notwithstanding the above, by mutual agreement, expedited arbitration may be used after Step 1 of the grievance procedure.
Alternate Dispute Resolution Process. If a satisfactory settlement cannot be effected at Step 2, the parties will meet within thirty (30) calendar days to determine one of the following dispute resolution mechanisms: Mediation, Expedited Arbitration or Single Panel Arbitration. Should the parties mutually agree to grievance mediation, the grievance will be mediated. In the event the grievance was not successfully resolved through grievance mediation, the Union, within thirty (30) calendar days, will inform the Employer in writing of the decision to advance the grievance to arbitration. Notwithstanding the above, by mutual agreement, expedited arbitration may be used after Step 1 of the grievance procedure.
Alternate Dispute Resolution Process. The Parties agree it is in their best interests to have grievances resolved expediently, and in an economical manner, and there is benefit in having a full discussion of the issues, and therefore agree to utilize an internal dispute resolution process as follows (ADRP).
Alternate Dispute Resolution Process a) Within 30 days of receipt of the response at Step 2, the parties will meet to determine one of the following dispute resolution mechanisms: Mediation, Expedited Arbitration, Single Arbitrator or Full Panel Arbitration. b) Should the parties mutually agree to grievance mediation, the grievance will be mediated. In the event the grievance was not successfully resolved through grievance mediation, the Union within 30 days will inform the employer in writing of the decision to advance the grievance to arbitration. Failure to meet the time limit will result in the grievance being withdrawn and no further action can be taken on the matter. c) Should the parties not agree to grievance mediation the next consideration will be expedited arbitration. Notwithstanding the above, by mutual agreement this expedited procedure may be used after Step 1 of the grievance procedure.
Alternate Dispute Resolution Process. Section 1. All Employees are encouraged to use the Alternate Dispute Resolution (ADR) process for resolving problems concerning working conditions. It is the intent of the Parties that differences be resolved promptly, equitably and, whenever possible, informally. Section 2. An Employee(s) may elect to have an issue resolved by an ADR Committee or may proceed through the negotiated grievance procedure or statutory procedure. The Employee's election must be presented in writing on the ADR Form (see Appendix III), contain sufficient detail to identify and clarify the basis for the grievance, and specify the personal relief requested. An election of the ADR process means the Employee(s) will accept the decision of the Committee as final. An Employee's election to pursue a grievable action, except termination actions, through the ADR process constitutes a waiver to pursue the matter through the grievance procedure, the EEO ADR procedures the Equal Employment Opportunity Commission (EEOC), the MSPB, and other statutory processes. Termination actions may be considered under ADR, however, an Employee may then file a statutory appeal if he is not satisfied with the ADR decision. The settlement of a complaint through the ADR process will be considered a non-precedent setting resolution. Section 3. An ADR Committee is hereby established for each of the four individual organizations of the Employer. The ADR Committee will be under the auspices of the respective Partnership Council in each individual organization and will be comprised of a. One Management representative (not in the Employee's chain of command); b. One Union representative (not the ▇▇▇▇▇▇▇ representing the Employee); c. One peer Employee; and d. One peer supervisor.
Alternate Dispute Resolution Process. The parties agree that the key to maintaining harmonious and mutually beneficial relationships between the Employer, the Institute and the employees is the expeditious resolution of workplace disputes. To this end the parties agree that within six (6) months of the date of ratification or receipt of an Arbitrator’s Interest Award for the first collective agreement between the parties, they will meet to commence the development of a trial alternate dispute resolution process (ADR). The “terms of reference” for the ADR committee will be jointly agreed upon by the parties. Dated in Ottawa, Ontario this 17th day of October, 2001 For the Institute For the Employer
Alternate Dispute Resolution Process. If a satisfactory settlement cannot be reached at Step 2, the parties will meet within 30 calendar days to determine one of the following dispute resolution mechanisms: Mediation, Expedited Arbitration, Single Arbitrator or Full Panel Arbitration. Alternate Dispute Resolution Process a. The order listed will be the preference in which the dispute mechanisms are utilized, unless the parties agree there is reason to choose differently: Mediation, Expedited Arbitration, Single Arbitrator or Full Panel Arbitration. b. Should the parties mutually agree to grievance mediation, the grievance will be mediated. In the event the grievance was not successfully resolved through grievance mediation, the Union within 30 days will inform the Employer in writing of the decision to advance the grievance to arbitration. Failure to meet the time limit will result in the grievance being withdrawn and no further action can be taken on the matter. c. Should the parties not agree to grievance mediation the next consideration will be expedited arbitration. Notwithstanding the above, by mutual agreement this expedited procedure may be used after Step 1 of the grievance procedure.
Alternate Dispute Resolution Process. 31.01 The parties agree that the final resolution of issues in a timely, cost effective manner at a stage closest to the problem is desirable. Therefore the parties may mutually agree to trial the Alternate Dispute Resolution Process as described below. (a) The Alternate Dispute Resolution Process shall be established at Citadel Care Centre. (b) Following attempts to resolve a grievance, at the request of either party, and within ten (10) calendar days of the request, an agreed upon mediator shall meet with the parties, investigate the dispute, and define the issues in dispute. (c) During the proceedings, the parties shall fully disclose all materials and information relevant to the issue(s) in dispute. (d) The purpose of the mediator’s involvement in the grievance process is to try and settle 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. (e) Within ten (10) days of first meeting the parties, having considered the issue(s) in dispute and the terms of the Collective Agreement, the mediator shall issue a report including non-binding recommendations. (f) Prior to the commencement of the above alternate dispute resolution process, the parties may mutually agree to have the mediator’s recommendations binding on both parties as a means to resolve the outstanding grievance(s). (g) The expenses of the mediator shall be equally borne by both parties.
Alternate Dispute Resolution Process. This Agreement is between the State of Oregon acting through its Department of Administrative Services (Employer) on behalf of the Department of Justice (Agency) and AFSCME Council 75 (Union) on behalf of the Union’s Local 1086 (Local). The purpose of this Agreement is to establish an alternate dispute resolution process. Where there is a conflict between this Agreement and ORS 243.712, OR 243.722 or ORS 243.726, this Agreement shall prevail. Once the Parties have bargained and mediated pursuant to the requirements and timelines outlined in ORS 243.712, the Parties agree the following dispute resolution procedure will be followed:
Alternate Dispute Resolution Process. ‌ (a) The parties value conciliation as a way to address grievances outside of the grievance procedure and as an alternative to arbitration. (b) Following the completion of Step 1, an employee may elect to participate in one of the alternative dispute mechanisms (ADR) set out below. In order to participate in ADR the employee must notify the employer of their election no later than 30 days after the date on which the parties failed to resolve the dispute as outlined in Step 1, Article 9.2. (c) Employees who are Indigenous may use either the Indigenous ADR Process set out below or the Non-Indigenous ADR Process set out below. (d) Employees who are not Indigenous may only use the Non-Indigenous ADR Process set out below. (e) In the event that the parties are unable to resolve the matter through the ADR process then the matter may proceed to arbitration. In this case, either of the parties may notify the other party within 30 days that the matter has been referred to arbitration. Such notice shall be sent by email. (f) In the event a mutually agreeable resolution is reached in ADR then the matter is finally concluded and may not proceed to arbitration and no further grievance may be filed in relation to that particular matter. (g) Any resolution reached through the ADR Process will be without prejudice or precedent and shall not be relied upon in any proceeding as evidence in that proceeding.