Immediate Dispute Resolution Clause Samples

The Immediate Dispute Resolution clause establishes a process for quickly addressing and resolving disagreements that arise between parties during the course of their agreement. Typically, this clause outlines specific steps such as prompt notification of the dispute, a short timeframe for negotiation or mediation, and possibly escalation to arbitration if the issue is not resolved. Its core practical function is to minimize disruption to ongoing business operations by ensuring disputes are handled efficiently and do not linger, thereby reducing potential costs and maintaining the working relationship between the parties.
Immediate Dispute Resolution. In the event there is a dispute regarding the interpretation or application of this Agreement that imminently affects the Association or a substantial number of members represented by the Association, and that will result in harm for which monetary relief would be an insufficient remedy, either the City or the Association may request suspension of the grievance process as described in section 3 of this Section and proceed to immediate dispute resolution discussions with the Director of Employee Relations. The Director shall schedule and conclude discussions within twenty (20) days of receipt of a written request by either party and the action triggering the request for immediate dispute resolution may be stayed upon mutual agreement.
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Immediate Dispute Resolution. 6.19.1 When CDF FIREFIGHTERS believes that the employer may take an action which could result in a contract violation causing irreparable injury to a represented employee and a stay of that action cannot be accomplished through normal remedies in time to prevent irreparable injury, or where the cause of good employer-employee relations would be enhanced by proceeding under the more flexible (for both parties) provisions of this section, CDF FIREFIGHTERS, at the State level, may invoke the provisions of this section as follows: 6.19.1.1 Within 48 of Monday-through-Friday hours of becoming aware of an action or planned action CDF FIREFIGHTERS may contact the Department Labor Relations Officer with specific information regarding the contract violation. The Labor Relations Officer and CDF FIREFIGHTERS will jointly determine the appropriate management level at which to begin discussions. 6.19.1.2 After a determination is made, CDF FIREFIGHTERS will commence informal discussions at the designated level within 24 of Monday through Friday hours. 6.19.1.3 The Labor Relations Officer may also participate in the informal discussions at any level. 6.19.1.4 If mutual resolution is not achieved at the initial organizational level, CDF FIREFIGHTERS may request informal talks with the next administrative level, up to and including the Labor Relations Officer himself/herself. 6.19.1.5 CDF FIREFIGHTERS shall advise the Labor Relations Officer of the outcome of the discussions, should the matter be resolved below his/her level. 6.19.2 Time limits of the grievance procedure shall be stayed for up to seven calendar days when this section is invoked unless extended by mutual agreement. 6.19.3 This procedure is an informal alternative to CDF FIREFIGHTERS invoking the "immediate arbitration" procedure. If this procedure fails to resolve the dispute, CDF FIREFIGHTERS may then invoke other normal steps of the grievance procedure, including "immediate arbitration." 6.19.4 The parties agree that the intent of this procedure is to encourage timely communication between the parties at the appropriate level and to clear up misunderstandings that may seriously affect employees and/or relations between the parties. 6.19.5 Time limits are the only portion of this section subject to the grievance and arbitration procedure.
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Immediate Dispute Resolution. In the event there is a dispute regarding the interpretation or application of this Agreement that imminently affects the Association or a substantial number of members represented by the Association, and that will result in harm for which monetary relief would be an insufficient remedy, either the Court or the Association may request of the other party suspension of the grievance process as described in section 3 of this Section and proceed to immediate dispute resolution discussions with the Presiding Judge. The Presiding Judge shall schedule and conclude discussions within twenty (20) days of receipt of a
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Immediate Dispute Resolution. 1. In the event there is a dispute regarding the interpretation or application of this Agreement that imminently affects the City’s interests, the Association, or a substantial number of members represented by the Association, either the City or the Association may upon written notice request suspension of the grievance process as described in Section (c) of this Article and proceed to immediate resolution discussions with the Chief of Police, the Employee Relations Officer, and an Association Representative. Such informal labor-management discussions shall be concluded within thirty (30) days of the date of the initial request for same. 2. Should the dispute still not be resolved within the thirty (30) day period, the parties have an additional fifteen (15) days to select an arbitrator from the panel of four (4) professional neutral arbitrators to be identified by the parties. The arbitrator assigned to hear the merits of the case will hold a hearing that is no longer than one (1) day and issue a decision within forty-five (45) calendar days of the selection of the arbitrator. The timelines or length of hearing may be shortened or extended by mutual agreement or upon an arbitrator’s ruling on a request for an order shortening or extending time. 3. The arbitrator shall have no power to add to or to subtract from the provisions of this Agreement, the Personnel Rules, or departmental rules or orders in rendering his/her award. 4. The informal labor-management discussions will not automatically stay the City’s action. However, the Association may demand a cease and desist order at any time upon invocation of the IDR process. If the Association makes such a demand, the first arbitrator from the list of four (4) professional neutral arbitrators, selected at random, that is available within a forty-eight (48) hour period shall hear the request for a temporary cease and desist order. The arbitrator shall have the authority to issue a temporary cease and desist order to stay the implementation of the proposed change upon a proper showing of irreparable harm and inadequacy of normal grievance procedure remedies. 5. It is expressly understood and agreed that the provisions of this Section shall not be invoked for actions involving employee disciplinary actions or individual grievances.
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Immediate Dispute Resolution. 1. In the event there is a dispute regarding the interpretation or application of this Agreement that imminently affects the City’s interests, the Association, or a substantial number of members represented by the Association, either the City or the Association may upon written notice request suspension of the grievance process as described in Section (c) of this Article and proceed to immediate resolution discussions with the Chief of Police, the Employee Relations Officer, and an Association Representative. Such informal labor-management discussions shall be concluded within thirty (30) days of the date of the initial request for same. 2. Should the dispute still not be resolved within the thirty (30) day period, the parties have an additional fifteen (15) days to select an arbitrator from the panel of four (4) professional neutral arbitrators to be identified by the parties. The arbitrator assigned to hear the merits of the case will hold a hearing that is no longer than one (1) day and issue a decision within forty-five (45) calendar days of the selection of the arbitrator. The timelines or length of hearing may be shortened or extended by mutual agreement or upon an arbitrator’s ruling on a request for an order shortening or extending time.
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Related to Immediate Dispute Resolution

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Informal Dispute Resolution (a) Prior to the initiation of formal dispute resolution procedures (i.e., arbitration), the Parties shall first attempt to resolve their dispute at the senior manager level. If that level of dispute resolution is not successful, the Parties shall proceed informally, as follows: (i) Upon the written request of either Party, each Party shall appoint a designated representative who does not otherwise devote substantially full time to performance under this Agreement, whose task it will be to meet for the purpose of endeavoring to resolve such dispute. (ii) The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue that the Parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and attempt to resolve the dispute without the necessity of any formal proceeding. (iii) During the course of discussion, all reasonable requests made by one Party to another for non-privileged non-confidential information reasonably related to this Agreement shall be honored so that each of the Parties may be fully advised of the other's position. (iv) The specific format for the discussions shall be left to the discretion of the designated representatives. (b) Prior to instituting formal proceedings, the Parties will first have their chief executive officers meet to discuss the dispute. This requirement shall not delay the institution of formal proceedings past any statute of limitations expiration or for more than fifteen (15) days. (c) Subject to Subsection (b), formal proceedings for the resolution of a dispute may not be commenced until the earlier of: (i) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) Thirty (30) days after the initial written request to appoint a designated representative pursuant to Subsection (a), above, (this period shall be deemed to run notwithstanding any claim that the process described in this Section 11.2 was not followed or completed). (d) This Section 11.2 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to avoid the expiration of any applicable limitations period, or to preserve a superior position with respect to other creditors or as provided in Section 11.6(a).

  • Dispute Resolution (a) If the Owner Trustee or any Noteholder or Verified Note Owner requests (by written notice to TMCC or the Seller) (any such party making a request, the “Requesting Party”), that a Receivable be repurchased due to an alleged breach of a representation and warranty in Section 3.01 of this Agreement or Section 2.03 of the Receivables Purchase Agreement, and the request has not been fulfilled or otherwise resolved to the reasonable satisfaction of the Requesting Party within one-hundred eighty (180) days of the receipt of such request by TMCC or the Seller (which, if sent by a Noteholder or Verified Note Owner to the Indenture Trustee, will be required to be forwarded by the Indenture Trustee to TMCC and the Seller in accordance with the terms of Section 7.02(d) of the Indenture), then the Requesting Party will have the right to refer the matter, at its discretion, to either mediation (including non-binding arbitration) or third-party binding arbitration pursuant to this Section 11.02. Dispute resolution to resolve repurchase requests will be available regardless of whether Noteholders and Verified Note Owners voted to direct an Asset Representations Review or whether the Delinquency Trigger occurred. The Seller will provide written direction to the Indenture Trustee instructing it to notify the Requesting Party of the date when the 180-day period ends without resolution by the appropriate party, which written direction will specify the identity of such Requesting Party and the date as of which such 180-day period shall have ended. The Requesting Party must provide notice of its intention to refer the matter to mediation, to refer the matter to arbitration, or to institute a legal proceeding to the Seller within thirty (30) days after the delivery of such notice of the end of the 180-day period. The Seller agrees to participate in the resolution method selected by the Requesting Party. (b) If the Requesting Party selects mediation (including non-binding arbitration) as the resolution method, the following provisions will apply: (i) The mediation will be administered by JAMS pursuant to its Mediation Procedures in effect on the date hereof. (ii) The mediator will be impartial, knowledgeable about and experienced with the laws of the State of New York and an attorney specializing in commercial litigation with at least 15 years of experience and who will be appointed from a list of neutrals maintained by JAMS. Upon being supplied a list of at least 10 potential mediators by JAMS each party will have the right to exercise two peremptory challenges within fourteen (14) days and to rank the remaining potential mediators in order of preference JAMS will select the mediator from the remaining attorneys on the list respecting the preference choices of the parties to the extent possible. (iii) The parties will use commercially reasonable efforts to begin the mediation within thirty (30) days of the selection of the mediator and to conclude the mediation within sixty (60) days of the start of the mediation. (iv) The fees and expenses of the mediation will be allocated as mutually agreed by the parties as part of the mediation.

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.