Alternative Dispute Resolution Processes Clause Samples

The Alternative Dispute Resolution Processes clause establishes procedures for resolving disputes between parties without resorting to litigation. Typically, this clause outlines steps such as negotiation, mediation, or arbitration, specifying when and how these processes should be initiated and who will facilitate them. By providing a structured framework for addressing disagreements, the clause helps parties resolve conflicts more efficiently, reduce legal costs, and maintain business relationships by avoiding adversarial court proceedings.
Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operation the parties agree to voluntarily utilize the following processes. A. Pre-discipline Settlement Conferences 1. After a statement of charges is issued, but before the notice of disciplinary action is issued, the parties may voluntarily agree to a pre-discipline settlement conference. 2. Up to two (2) standing committees (with alternates) to review proposed discipline may be established. 3. Committee makeup – three (3) members (one Management representative, one OHR representative, and one Union representative). 4. Participation is voluntary; the Office of Human Resources makes the final decision for County participation. 5. The Committee will review the recommended level of discipline and the facts of the case, and will make a non-binding recommendation. Each side is permitted to make a brief presentation before the Committee. Presentation and format shall be established by the Committee. 6. If the parties agree with the recommendation of the Committee, Notice of Discipline will be issued and the Union agrees to refrain from filing a grievance regarding such notice. If the Union disagrees with the Committee's recommendation, it is free to grieve the Notice of Disciplinary Action. If the County disagrees, it may go forward with the notice as originally proposed. 7. The settlement conference option is part of the informal resolution process of the Contract Grievance Procedure. A bargaining unit employee waives any right to challenge before the County’s Merit System Protection Board (MSPB) any proposed suspension, demotion, or dismissal action that he or she attempts to resolve through a settlement conference pursuant to this Article. 8. At either parties’ request, a Non-MCFRS management representative (selected from an existing MCGEO Pre-Discipline settlement Conference Committee) will replace the MCFRS management representative. 9. The County shall provide new Committee members with training in Alternative Dispute Resolution and related disciplines, as appropriate. 10. Rules of procedure will be established by the parties. B. Grievance Mediation 1. Upon receipt of the Step 2 Office of Human Resources Director’s disposition, the Union and Employer may voluntarily agree to grievance mediation. Grievance mediation...
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Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operations, the parties agree to voluntarily utilize the following processes. (a) Pre-discipline Settlement Conferences (1) After a statement of charges (includes intent to terminate actions based on unsatisfactory performance) is issued but before the notice of disciplinary action is issued, the parties may voluntarily agree to a pre-disciplinary settlement conference. (2) Up to 2 standing committees (with alternates) to review proposed discipline may be established. (3) Committee makeup - 3 members (1 Management rep., 1 OLR rep. and 1 Union rep.) (4) Participation is voluntary; the Office of Labor Relations makes the final decision on whether management participates. (5) The Committee reviews the recommended level of discipline and the facts of the case and makes a non-binding recommendation. Each side is permitted to make a brief presentation before the Committee not to exceed twenty-five (25) minutes, or forty-five
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Alternative Dispute Resolution Processes. The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operation the parties agree to voluntarily utilize the following processes.
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Related to Alternative Dispute Resolution Processes

  • Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in ▇▇▇ ▇▇▇▇▇ County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

  • Negotiation; Alternative Dispute Resolution The Parties will attempt in good faith to resolve any dispute or controversy arising out of or relating to the performance of services under this Agreement. If the Parties are unable to resolve the dispute, then, pursuant to San Francisco Administrative Code Section 21.36, Contractor may submit to the Contracting Officer a written request for administrative review and documentation of the Contractor's claim(s). Upon such request, the Contracting Officer shall promptly issue an administrative decision in writing, stating the reasons for the action taken and informing the Contractor of its right to judicial review. If agreed by both Parties in writing, disputes may be resolved by a mutually agreed-upon alternative dispute resolution process. If the parties do not mutually agree to an alternative dispute resolution process or such efforts do not resolve the dispute, then either Party may pursue any remedy available under California law. The status of any dispute or controversy notwithstanding, Contractor shall proceed diligently with the performance of its obligations under this Agreement in accordance with the Agreement and the written directions of the City. Neither Party will be entitled to legal fees or costs for matters resolved under this section.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager. 2. In the event the Authorized User is dissatisfied with the Contractor’s Products provided under this Centralized Contract, the Authorized User shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the Authorized User, the Contractor shall so notify the Authorized User in writing. If either party notifies the other of such dispute, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result through negotiation. 3. If negotiation between the Contractor and Authorized User fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and Authorized User, of such notice, then the matter shall be submitted to the State's Contract Administrator and the Contractor’s senior executive officer representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, this section shall not be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. 4. The Contractor shall extend the informal dispute resolution period for so long as the Authorized User continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights.

  • CENTRAL DISPUTE RESOLUTION PROCESS The following process pertains exclusively to disputes and grievances on central matters that have been referred to the central process. In accordance with the School Board Collective Bargaining Act, 2014 central matters may also be grieved locally, in which case local grievance processes will apply. In the event that central language is being grieved locally, the local parties shall provide the grievance to their respective central agents.