Common use of General aspects Clause in Contracts

General aspects. 1. Mediation will be carried out preferably by a unipersonal body, or if this is expressly chosen by the parties, by a joint body of two or three mediators, who in accordance with that anticipated in this Agreement will actively try to resolve the differences that have given rise to the dispute. 2. The parties of the mediation procedure will record in writing the discrepancies that exist, appointing a mediator or if appropriate mediators, and indicating the matter or matters that will concern them. 3. The mediation procedure will not be subject to any pre-established procedure, except for the appointment of a mediator or mediators and the formalisation of the agreement that may be reached if appropriate. The data and information provided will be treated as confidential, and that set down in Organic Law 15/1999 of 13th December on data protection must be fully observed. 4. Within the scope of this Agreement the mediation procedure will be obligatory when one of the legitimated parties requests it, except in those cases when the agreement of both parties is required. Notwithstanding this, mediation will be necessary as a pre-procedural requirement for the bringing of collective dispute action before business jurisdiction by any of the parties, and therefore replaces prior administrative conciliation. Likewise, the call to strike will require the failure of the mediation procedure before it is formally notified. In those cases referred to in articles 40, 41, 44.9, 47, 51, and 82.3 of the revised text of the Workers’ Charter Law, and with the aim of resolving the discrepancies that may have arisen during the consultation period, all mediation options must be tried if this is requested by at least one of the parties. This does not imply the extension of the deadlines contemplated by law for this reason. 5. The mediation procedure carried out in accordance with this Agreement replaces the compulsory step of conciliation anticipated in Article 156.1 of the Law Regulating Business Jurisdiction within its field of application and for the disputes to which it refers. The initiation of the mediation procedure will prevent the calling of strikes and the adopting of lockout measures, such as the taking of legal or administrative action or any other aiming to resolve the dispute, for the reason or cause subject to the mediation and as long as the latter lasts. 6. In any case the parties may agree to submit voluntarily to the arbitration procedure regulated in Chapter III of this Agreement without the need for resorting to mediation. In the same way, the parties may empower, either from the beginning or during the mediation procedure, the mediator or mediators to arbitrate some or all of the matters subject to controversy.

General aspects. 1. Mediation The objective of mediation is to settle differences in order to prevent or resolve a dispute. 2. Said mediation will be carried out preferably by a unipersonal body, or if this is expressly chosen by the parties, by a joint body of two or people which may be increased to three mediators, who in the cases of commissions for the administration of the agreement of accords acting as specific mediating bodies in accordance with that anticipated set down in Article 6.5 paragraph two of this Agreement will actively try to resolve the differences that have given rise to the dispute. 2. The parties of the mediation procedure will record in writing the discrepancies that exist, appointing a mediator or if appropriate mediators, and indicating the matter or matters that will concern themAgreement. 3. The parties in the mediation procedure will not place on record in documentary form the existing divergences and their history and will indicate the matter or matters to be subject to dealt with in the procedure. In any pre-established procedure, except for case the appointment of a mediator or mediators and the formalisation of the agreement that may be reached if appropriate. The data and information provided will be treated as confidential, and that set down in Organic Law 15/1999 3/2018 of 13th 5th December on data protection Personal Data Protection and the guaranteeing of digital rights must be fully observed. 4. The mediation procedure will not be subject to any pre-established process with the exception of the appointment of the mediator or mediators and the formalisation of the agreement which may be reached. 5. Once mediation has been sought from the SIMA-FSP, the first meeting will be held within a deadline of ten working days. In any case the deadlines may be extended or shortened by mutual agreement between the parties. 6. Within the scope of this Agreement the mediation procedure will be obligatory when one of the legitimated parties requests it, except in those cases when in which the agreement of both parties is required. Notwithstanding this, In any case mediation will be necessary as a pre-procedural requirement for obligatory prior to the bringing of a collective dispute agreement action before business within labour jurisdiction by any of the parties, and therefore replaces prior administrative conciliation. Likewise, Likewise the call to strike will require the failure of having requested the mediation procedure before it is formally notifiedprior to its formal notification. In those cases referred to in articles Articles 40, 41, 44.9, 47, 51, and 82.3 of the revised text of the Workers’ Charter Law, and with the aim of resolving the discrepancies that may have arisen during the consultation period, all mediation options must be tried if this is requested by at least one of the parties. This does not imply the extension of the deadlines contemplated by law for this reason. 57. The mediation procedure carried out in accordance with this Agreement replaces the compulsory step of conciliation anticipated in Article 156.1 of the Law Regulating Business Labour Jurisdiction within its field of application and for the disputes to which it refers. The initiation of the mediation procedure will prevent the calling of strikes and the adopting of lockout measures, such as the taking of legal or administrative action or any other aiming to resolve the dispute, for the reason or cause subject to the mediation and as long as the latter lasts, with the exception of the mediations promoted prior to the formal calling of strikes. 68. In any case the parties may agree to submit voluntarily to the arbitration procedure regulated in Chapter III Three of this Agreement Section without the need for resorting to mediation. In the same way, manner the parties may empower, either from the beginning or during the mediation procedure, one of the mediator or mediators to arbitrate some or all of the matters subject to controversy.