Common use of Fast Track Mediation/Arbitration Process Clause in Contracts

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";

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 aa mutual assessment of the length of time needed to present each case; (k) General rules of evidence will be waived except for the rule of "onus";