ALTERNATIVE DISPUTE RESOLUTION PROCEDURE Clause Samples
The Alternative Dispute Resolution Procedure clause establishes a process for resolving disputes between parties without resorting to litigation. Typically, this clause requires parties to engage in methods such as negotiation, mediation, or arbitration before filing a lawsuit, and may outline specific steps, timelines, or the selection of a neutral third party. Its core practical function is to provide a structured, often less adversarial and more cost-effective means of resolving conflicts, thereby reducing the time, expense, and uncertainty associated with court proceedings.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. The City and the Association agree that it is in their mutual interest to resolve disputes in the most expeditious and least expensive manner. In order to resolve certain disputes without resorting to litigation, the parties agree to pursue an alternative dispute resolution process in the form of mediation as set forth in this section.
1. Prior to the filing of an action in any court of competent jurisdiction challenging a decision of the Civil Service Board concerning Association matters or a decision of the City Manager concerning a grievance (as defined in this agreement), the party seeking to file such action (hereinafter the "moving party") must provide written notice to the other party.
2. Upon receipt of such written notice, the other party shall make a determination as to whether it wishes to pursue initiation of a mediation process to resolve the threatened litigation. If such party determines to pursue a mediation process, that party must notify the moving party in writing.
3. The parties shall jointly select a mediator and participate in the mediation so long as both parties consider it productive. Subject to their legal ability to do so, the parties shall agree that during the mediation process any statutory or legal deadlines for the filing of the subject litigation shall be waived.
4. Either party may file an action in court concerning the subject dispute under the following circumstances:
a. The mediation process is terminated by either party or upon mutual agreement.
b. The mediation process has not been concluded but failure to file the action shall prejudice the moving party's ability to file an action in the event the mediation process does not result in resolution.
c. The mediation process has concluded without resolution of the dispute. This alternative dispute resolution procedure shall also be utilized in the event either party decides to pursue an appeal of a court decision relating to an underlying decision of the Civil Service Board concerning Association matters or the City Manager concerning a grievance.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. At any time during the negotiations for a successor agreement, but not sooner than forty-five (45) days prior to the expiration of this agreement or any extension thereof, either party may declare impasse by giving notice to the other party that a negotiating impasse exists.
A. In such case, the parties shall utilize the services of a mediator assigned by the FMCS. The parties agree to share jointly in the incidental cost of mediation, if any.
B. Mediation shall be the sole alternative dispute resolution procedure.
C. Ultimate impasse may be declared by either party by giving written notice to the other party and the mediator provided the parties have used mediation at least once and provided the negotiation period is over. Unless otherwise agreed to, the negotiation period will be sixty (60) days after the service of SERB’s Notice to Negotiate by the party initiating the collective bargaining process.
D. The first mediation session shall be set by the mediator. Thereafter, mediation sessions, if any, shall be by mutual agreement of the parties to meet at times, places and dates suggested by the mediator.
E. Once ultimate impasse is declared, either party shall be permitted to take such actions as R.C. Chapter 4117 permits and under such provisions as are set forth therein. Such action shall include the Association’s right to strike and/or the Board’s right to unilaterally implement and/or both parties’ right to continue negotiations.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. Section 1. The procedures contained in this section shall govern disputes between the F.O.P. and the City of ▇▇▇▇▇▇▇ concerning the termination of this agreement, the modification of this agreement or the negotiation of a successor agreement.
A. One hundred twenty (120) days before the expiration date of this agreement either party may serve notice upon the other that it desires to terminate, modify, or negotiate a successor collective bargaining agreement.
B. Both parties shall bargain collectively with the other party for the purpose of modifying this agreement or negotiating a successor agreement.
C. The parties shall continue in full force and effect all terms and conditions of this existing agreement until a new agreement is agreed upon or established by operation of this section.
Section 2. Not later than thirty-one (31) days prior to the expiration of this agreement, if the parties have reached an impasse, the parties shall submit their dispute to a fact-finder selected by utilizing the same selection procedures for selection of an arbitrator as set forth in Article 14.
A. The list may be requested from FMCS by either party. Each party has the right to reject one list provided by FMCS in which event the rejecting party shall immediately ask FMCS and pay for a substitute list.
B. The fact-finder shall proceed to hold a hearing to resolve the impasse in accordance with the rules of the Ohio State Employment Relations Board applied to fact-finding procedures. These rules shall apply except as modified by this article.
C. Each party shall submit a written statement outlining its position on each of the unresolved issues and the language for insertion in the contract by which it proposes to resolve the impasse.
D. The fact-finder shall make a final recommendation as to all of the unresolved issues.
E. The following guidelines shall be applied by the fact-finder:
1. The fact-finder shall establish times and place of the hearing.
2. The fact-finder shall take into consideration the factors listed in Section 3(1) below.
3. The fact-finder may attempt mediation of the dispute at any time until a final recommendation is made.
4. The fact-finder shall transmit his/her recommendations to the employer and the union, at the same time via email or by FAX.
5. Each party shall pay one-half the cost of the fact-finding procedure.
F. Not less than fourteen (14) days after the recommendations of the fact-finder are received by the parties; the legislative body by a thr...
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. 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
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. Any and all disputes between the parties, concerning any alleged breach of this Agreement, or arising out of or relating to the interpretation of this Agreement or the parties’ performance of their respective obligations under this Agreement, shall be resolved by arbitration, and such procedure shall be the sole and exclusive remedy for such matters, except that the parties reserve the right to pursue equitable and injunctive relief. Unless the parties agree upon a single arbitrator, the arbitration panel shall consist of three persons, with each party selecting one arbitrator and the two arbitrators selecting the third arbitrator. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA") and be conducted at a location mutually agreeable to the parties, with such variations as the parties and arbitrators unanimously accept. A judgment on the award rendered by the arbitrators may be entered in any court having appropriate jurisdiction. The losing party shall pay the cost of arbitration, not including attorney fees. The arbitration panel shall have the discretion to award reasonable attorney fees to the prevailing party to be paid by the losing party.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. Any and all disputes between the parties, concerning any alleged breach of this Agreement, or arising out of or relating to the interpretation of this Agreement or the parties’ performance of their respective obligations under this Agreement, shall be resolved by arbitration, and such procedure shall be the sole and exclusive remedy for such matters. Unless the parties agree upon a single arbitrator, the arbitration panel shall consist of three persons. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, with such variations as the parties and arbitrator unanimously accept. A judgment on the award rendered by the arbitrators may be entered in any court having appropriate jurisdiction.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. If during the term of this Agreement, the Ohio legislature authorizes ADR programs in the Ohio Workers Compensation laws, the parties agree to meet and negotiate in good faith a program consistent with the legislation.
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. (a) A party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement (`DISPUTE') unless it has complied with this clause.
(b) A party claiming that a Dispute has arisen must notify the other party to the Dispute, specifying the nature of the Dispute.
(c) Within 14 days after a notice is given under clause (b), each party to the Dispute must nominate in writing a representative authorised to settle the Dispute on its behalf.
(d) Each party must ensure that, during the 30 day period after a notice is given under clause (b) (or longer period agreed between the parties), its representative uses his or her best endeavours, with the other representatives and the Joint Steering Committee:
(i) to resolve the Dispute; or
(ii) to agree on:
(A) a process to resolve all or at least part of the Dispute without arbitration or court proceedings, (eg mediation, conciliation, executive appraisal or independent expert determination);
(B) the selection and payment of any third party to be engaged by the parties and the involvement of any dispute resolution organisation;
(C) any procedural rules;
(D) the timetable, including any exchange of relevant information and documents; and
(E) the place where meetings will be held.
(e) The role of any third party is to assist in negotiating a resolution of the Dispute. A third party may not make a decision that is binding on a party unless that party's representative has so agreed in writing.
(f) Each party:
(i) must keep confidential all information or documents disclosed by a representative under this clause; and
(ii) must not use such information or documents except to attempt to settle the Dispute.
(g) Each party must bear its own costs of resolving a Dispute under this clause and the parties must bear equally the costs of any third party engaged.
(h) After the 30 day period referred to in clause (d) (or longer period agreed between the parties), a party that has complied with clauses (b) to (d) may terminate the dispute resolution process by giving notice to the other parties to the Dispute.
(i) If a party to a Dispute does not comply with any provision of clauses (a) to (d) the other parties to the Dispute are not bound by clauses (a) to (d).
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. All parties to this Agreement agree to arbitrate any claims or disputes concerning, relating to, or arising out of this Agreement, except claims or disputes: a) where the amount in controversy exceeds $500,000; or b) where Client files a voluntary bankruptcy under title 11 of the United States Code, or has an involuntary bankruptcy petition under title 11 of the United States Code filed against it. If the alternative dispute resolution procedure applies, then any claim or dispute concerning, relating to, or arising out of this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, or such other rules to which [ENTITY] agrees. The arbitration shall be conducted in New York, NY. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of New York (without regard to conflict of laws principles which would result in the application of the laws of another jurisdiction).
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE. The Holder of the Domain Name is bound to submit to an alternative dispute resolution procedure if a third party brings such a case. You thus undertake to submit to any alternative dispute resolution procedure in force according to the Registry or the Regulatory Authority and thus the Extension in question. To view the applicable rules online, refer to the addresses given in the General and special terms and conditions of registration and management of Domain Names. NordNet may also send You these documents upon simple request on Your part. You are informed that the various rules can be amended at any time. NordNet will comply with the provisions of any decision made following an alternative dispute resolution procedure forcing it to Modify (administratively and/or technically), Change Holder, Transfer or Delete a Domain Name governed by the Contractual conditions. In the case of an alternative dispute resolution procedure such as a UDRP, NordNet will allow a period of ten