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

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.

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 the arbitration will be responsible for its own costs and will share equally the cost associated with the Mediation/Arbitration processArbitrator. (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.