Binding Arbitration Pilot Sample Clauses

The Binding Arbitration Pilot clause establishes a process where disputes between parties are resolved through arbitration rather than litigation, with the arbitrator’s decision being final and legally binding. Typically, this clause outlines the procedures for initiating arbitration, the selection of arbitrators, and the scope of issues subject to arbitration, often as part of a trial or experimental program to assess the effectiveness of arbitration in resolving disputes. Its core practical function is to provide a faster, more cost-effective, and private alternative to court proceedings, thereby reducing the burden on judicial resources and offering parties a definitive resolution mechanism.
Binding Arbitration Pilot. The District and the Union Agree to a pilot of three years (3) of binding arbitration to replace advisory arbitration in Article 17, which shall begin the first business day after adoption of the successor Agreement by the Governing Board. Immediately upon expiration of the three-year period, the Binding Arbitration Pilot will automatically sunset and the award of arbitration will again be advisory unless the parties mutually agree through negotiations to continue binding arbitration. “Year” for the purposes of this Article means 365 calendar days. Binding Arbitration shall be available only with regard to disputes that are otherwise subject to grievance through Level III (Arbitration) pursuant to Article 17 (Grievances) and Article 25 (Discipline). Access to binding arbitration shall be further limited as follows: a. Tenure-track and tenured faculty. For the purposes of the Binding Arbitration Pilot issues relating to permanent (i.e. tenure-track and tenured) faculty will be eligible for binding arbitration, except that nothing related to the Tenure Review process shall be subject to binding arbitration.
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Binding Arbitration Pilot. The District and CSEA agree that for a two year period ending June 30, 2022, up to a maximum total of two (2) grievances per year, the decision of the arbitrator described in 12.4.3.3.1 shall be final and binding on both parties and the Level VI appeal described in 12.5 shall not apply. The Binding Arbitration pilot will automatically sunset on June 30, 2022, and the award of the arbitrator will again be advisory. During the next successor negotiations, the parties shall meet to assess the pilot. Apart from this pilot, the decision of the arbitrator described in 12.4.3.3.1 shall be advisory and 12.5 shall apply.
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Binding Arbitration Pilot. The District and the Union Agree to a pilot of three years (3) of binding arbitration to replace advisory arbitration in Article 17, which shall begin the first business day after adoption of the successor Agreement by the Governing Board. Immediately upon expiration of the three-year period, the Binding Arbitration Pilot will automatically sunset and the award of arbitration will again be advisory unless the parties mutually agree through negotiations to continue binding arbitration. “Year” for the purposes of this Article means 365 calendar days. Binding Arbitration shall be available only with regard to disputes that are otherwise subject to grievance through Level III (Arbitration) pursuant to Article 17 (Grievances) and Article 25 (Discipline). Access to binding arbitration shall be further limited as follows: Tenure-track and tenured faculty. For the purposes of the Binding Arbitration Pilot issues relating to permanent (i.e., tenure-track and tenured) faculty will be eligible for binding arbitration, except that nothing related to the Tenure Review process shall be subject to binding arbitration. Temporary faculty. For the purposes of the Binding Arbitration Pilot. All contract disputes pertaining to Article 19.2 shall be subject to advisory arbitration only. All other matters pertaining to non-permanent employees under Article 19 will be eligible for binding arbitration for part-time faculty members, only if the temporary faculty member has received two (2) consecutive satisfactory evaluations or has been given an assignment for eight (8) semesters with no negative evaluations. The number of grievances eligible for binding arbitration shall be capped at three per year during this pilot period.
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Binding Arbitration Pilot. The District and the Union agree to a pilot period of two (2three (3) years of binding arbitration to replace advisory arbitration provided in 12.5.3. After this twothree-year period (ending June 30, 20212025), the Binding Arbitration pilot will automatically sunset and the award of the arbitrator will again be advisory. The parties will meet no later than six months prior to the end of the pilot period to assess the pilot and determine if the pilot should be extended. 12.5.4.1 For the purposes of the Binding Arbitration Pilot, the following topics will be excluded and not eligible for binding arbitration: • Employee probation • Any matters pertaining to non-permanent employees, including discipline, pay, benefits and hours 12.5.4.2 The number of grievances eligible for binding arbitration shall be capped at two per year during this pilot period. Once the arbitrator has been selected, hearings shall commence and be held at the convenience of the arbitrator. However, hearings shall be confined to working days.
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Related to Binding Arbitration Pilot

  • Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website ▇▇▇.▇▇▇.▇▇▇. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

  • Mandatory Binding Arbitration The Parties agree to submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law, pursuant to the New Mexico Uniform Arbitration Act, and hereby waive any rights to file suit in a court of law on any such claims.

  • Final and Binding Arbitration If the grievance has not been resolved at Step 2, either party to this Agreement may refer unsettled grievances to final and binding arbitration.

  • Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A232–2019, the method of binding dispute resolution shall be as follows: [ ] Arbitration pursuant to Article 15 of AIA Document A232–2019. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.