Common use of F MEDIATION Clause in Contracts

F MEDIATION. (A) Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of mediation. (B) If the grievance has not been satisfactorily resolved at STEP III, the Union may, within five (5) working days, request mediation. If management agrees that the grievance is suitable for mediation, the parties shall submit a joint request to the State Public Employment Relations Board for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of this request. (C) The grievance mediation process shall be informal. Rules of evidence shall not apply and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. (D) At the request of both parties, the mediator shall issue a recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case. (E) The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. (F) If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration. (G) In situations where mediation is not provided without charge by an appropriate agency, the parties shall share all fees incurred in grievance mediation equally.