Common use of ALTERNATIVE DISPUTE RESOLUTION PROCEDURE Clause in Contracts

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. ‌ 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.