Fast Track Mediation/Arbitration Process Clause Samples

The Fast Track Mediation/Arbitration Process clause establishes an expedited procedure for resolving disputes between parties, bypassing the typically lengthy standard mediation or arbitration timelines. Under this clause, disputes are subject to shortened deadlines for submissions, hearings, and decisions, and may limit the scope of discovery or the number of witnesses to streamline proceedings. Its core practical function is to provide a quicker, more efficient resolution to conflicts, minimizing delays and reducing costs associated with protracted dispute resolution.
Fast Track Mediation/Arbitration Process. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 21 of this Collective Agreement. 1) The process can only be used by mutual agreement between the parties who are signatories to this Collective Agreement. 2) The outcome will be binding on the parties. 3) The cost will be borne in accordance with Section 112 of the Labour Relations Code, i.e. Employer - one third, Union - one third, Government - one third. 4) The procedure may be used after Step One or Step Two of the grievance procedure. 5) No legal counsel will be used by either party. 6) The number of cases to be heard at any given time will not exceed three (3). 7) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator. 8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties. 9) In such cases that the arbitrator must write decision, such decision shall be brief and to the point. 10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case. 11) General rules of evidence will be waived except for the rule of “onus”. 12) Location to be agreed between the parties 13) Procedures Guidelines: (a) The Opening Statement-, this should basically set out the case from each party’s perspective. The arbitrator shall aggressively seek at this point to define the issue and to determine what evidence is agreed to and what is not. (b) The Hearing: sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of creditability or conflicting evidence, the key individuals must testify. (c) The Argument as agreed, the parties will not cite legal precedents but may refer to ▇▇▇▇▇ and ▇▇▇▇▇▇, ▇▇▇▇▇▇ etc. However, it is imperative that the relevant provisions of the Collective Agreement be canvassed by counsel to ensure that all relevant clauses are put before the arbitrator. (d) Mediation: Counsel must accept some responsibility at this stage to assist the arbitrator in assessing the evidence before him. Specifically, if counsel can assist in assessing creditability and/or contradictory evidence, they should do so.
View SourceView Similar (7)
Fast Track Mediation/Arbitration Process. ‌ The parties recognize that there may be times when an expedited mediation/arbitration process is desirable.
View SourceView Similar (4)
Fast Track Mediation/Arbitration Process. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 21 of this Collective Agreement: (a) The process can only be used by mutual agreement between the parties who are signatories to this Collective Agreement; (b) The outcome will be binding on the parties; (c) The cost will be borne in accordance with Section 112 of the Labour Relations Code, i.e. Employer – one-half (1/2) , Union – one-half (1/2); (d) The procedure may be used after Step One or Step Two of the grievance procedure; (e) No legal counsel will be used by either party; (f) The number of cases to be heard at any given time will not exceed three (3). (g) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator; (h) Wherever possible the arbitrator will attempt to mediate a settlement between the parties; (i) In such cases that the arbitrator must write decision, such decision shall be brief and to the point; (j) An agreed schedule for the process will be arranged in advance, based on a (k) General rules of evidence will be waived except for the rule of "onus";
View SourceView Similar (2)
Fast Track Mediation/Arbitration Process. (a) Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal Grievance Procedure outlined in Article 22 of the Collective Agreement: 1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. 2) The outcome will be binding on both parties. 3) Each party to this process will be responsible for its own costs and will share equally the cost associated with the Mediation/Arbitration process. 4) The procedure cannot be used should an application for a Settlement Officer, under Section 87 of the Labour Relations Code, have been made by either party. 5) No legal counsel will be used by either party. The Union will use elected officers or Union representatives. The Employer will use employees of their Human Resources Office. 6) The number of cases to be heard at any given time will not exceed three (3). 7) The parties or their representatives will try to get an agreed statement of facts for presentation to the arbitrator. 8) Wherever possible, the arbitrator will attempt to mediate a settlement between the parties. 9) In such case that the arbitrator must write a decision, such decision shall be brief and to the point. 10) An agreed schedule for the process will be arranged in advance based on a mutual assessment of the length of time needed to present each case. 11) General rules of evidence will be waived except for the rule of “onus”. 12) The offices of the parties will be used for the process on an alternating basis.
View SourceView Similar (2)
Fast Track Mediation/Arbitration Process. Procedure (1) The process can only be used by mutual agreement between the parties who are signatory to this collective agreement. (2) The outcome will be binding on the parties. (3) The cost will be borne in accordance with Section 112 of the Industrial Relations Act (e.g. Employer one-third, Union one-third, government one-third. (4) The procedure may be used after Step 2 of the Grievance Procedure outlined in Article 8 -
View Source
Fast Track Mediation/Arbitration Process 
View SourceView Similar (7)

Related to Fast Track Mediation/Arbitration Process

  • Mediation/Arbitration (a) All disputes, claims or controversies arising out of or relating to this Agreement (collectively, “Disputes”) shall be submitted to non-binding mediation by either party to an impartial mediator, as agreed to by the parties, and appointed through JAMS in San Francisco, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association in San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court in California. In the event that any Dispute between Indemnitee and the Corporation should result in arbitration, the prevailing party in the Dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his or her claims brought, investigated, and/or adjudicated by an administrative agency, or heard before a judge or jury. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims of any kind relating to Indemnitee’s relationship with the Corporation, including claims relating to compensation, discrimination, any benefits, status as an officer, director or Agent of the Corporation, conflict of interest, or any other claim or dispute relating to or arising out of Indemnitee’s relationship with the Corporation. The underlying Disputes shall be fully and finally resolved through arbitration, including any right to permanent injunctive relief.

  • Arbitration Process Any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association, as modified herein, to the extent such modifications are not prohibited by the Arbitration Rules. The arbitration will be conducted in Indianapolis, Indiana. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The parties to the arbitration will not request, and the arbitrator will not order, that any discovery be taken or provided, including depositions, interrogatories or document requests, except to the extent the amount in controversy exceeds $50,000. The arbitration will be concluded within three months of the date the arbitrator is appointed. The arbitrator’s findings, reasoning, decision, and award will be stated in writing and based upon applicable law. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction or contains a monetary award in excess of $100,000, the award will be reviewable on appeal initiated by filing notice of appeal with the AAA office within 30 days of the award, governed by the AAA Optional Appellate Arbitration Rules and conducted by a panel of three new arbitrators, ruling by majority, under the procedure for appointment from the national roster of arbitrators. Unless the applicable Arbitration Rules require otherwise, arbitration fees and costs will be shared equally by the claimant(s) and respondent(s), respectively, in any arbitration proceeding. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties will agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. Because this Agreement memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at ▇▇▇.▇▇▇.▇▇▇ or by calling ▇-▇▇▇-▇▇▇-▇▇▇▇.

  • Mediation Procedure The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.