MEDIATION AND FACT-FINDING Clause Samples
The Mediation and Fact-Finding clause establishes a process for resolving disputes between parties by first attempting to settle disagreements through mediation, and, if necessary, by appointing a neutral third party to investigate and determine the facts. Typically, this clause requires the parties to engage in good faith mediation before escalating the dispute to litigation or arbitration, and may outline procedures for selecting a mediator or fact-finder. Its core practical function is to encourage early, non-adversarial resolution of conflicts and to clarify the facts in dispute, thereby reducing the likelihood of costly and prolonged legal proceedings.
MEDIATION AND FACT-FINDING. 5.1 The parties agree to follow the provisions of NRS 288 concerning mediation and fact-finding unless other procedures are mutually agreed upon.
5.2 During mediation and fact-finding, members of the Association Negotiation Team shall be allowed release time on any given day without loss of pay, and substitutes, if required, shall be provided by the Association.
MEDIATION AND FACT-FINDING. 4.1 Mediation and Fact-finding will be carried out in accordance with NRS 288.
MEDIATION AND FACT-FINDING.
5-1 All provisions of Chapter 288, Nevada Revised Statutes, are made a part of this Agreement by reference.
MEDIATION AND FACT-FINDING. 8.4.1 If agreement has not resulted from use of the bargaining procedure by June 1, either party may ask that the issue(s) in dispute be submitted to a mediator who shall be authorized to call and conduct meetings and make procedural rules. Every attempt should be made to make final decisions prior to June 30.
8.4.2 If the representatives of the District and the representatives of the Association do not agree upon a mediator within three (3) calendar days (or earlier if mutually agreed to by both parties) from the date the request is made to utilize the mediator, they shall (on the fourth day) request a list of five (5) or more mediators from the American Arbitration Association. The parties shall meet within three (3) calendar days after the receipt of the list of mediators and select a mediator in the following manner: the parties shall alternately strike names from the list until one (1) name remains. The non-requesting party shall make the first and final strike. The mediator remaining will be selected.
8.4.3 If it is determined that the mediator selected by the above process is unable to begin mediation before a day which is ten (10) calendar days from the meeting set forth in the above process, then the mediator shall immediately be selected in the following manner: A conference call shall be placed to the Administrator of the American Arbitration Association by representatives of both parties. Such representatives shall inform the Administrator of the problems involved and request that they appoint a qualified and experienced mediator who will begin mediation of unresolved issues as soon as possible. The parties shall not, during the course of the phone call, recommend exclusion of any possible mediator, unless they have mutually agreed to do so prior to the phone call. The mediator named by the Administrator will be accepted by both parties. This entire paragraph may be waived by mutual agreement from both parties.
8.4.4 The fact-finding procedure may be initiated by either of the parties if the mediator is unable to resolve the dispute and determines that fact-finding is appropriate. The parties may request a list of fact-finders from the mediator. The parties shall alternately strike names from the list, the first to strike determined by a coin flip, until one name remains. The parties shall jointly request the services of the fact-finder.
8.4.5 The fact-finder shall meet with the parties and consider their respective positions. The fact-finder m...
MEDIATION AND FACT-FINDING. 1. In the event good faith negotiations have failed to result in a settlement, either party may, but need not, request mediation through the South Dakota Department of Labor.
2. If mediation has not resulted in a settlement, either party may, but need not, request fact-finding through the South Dakota Department of Labor.
3. In no event shall the South Dakota Department of Labor be empowered to bind either party in mediation or fact-finding.
4. Costs incurred during negotiations are the sole responsibility of the party securing the service, and, in all matters each party shall pay its own costs.
5. Upon receipt of a fact-finders recommendation, the parties agree to meet and discuss the matter.
MEDIATION AND FACT-FINDING. Every effort will be made to have mediation and fact finding conducted after normal school hours. However, if it is necessary that such meetings take place during normal school hours requiring the release of Association officers or committee members, or negotiators, the Board will release two (2) persons designated by the Association and such designees to suffer no loss in pay.
MEDIATION AND FACT-FINDING. If the parties are unable to reach agreement on a successor Collective Bargaining Agreement, the parties agree to request the services of a Mediator from the Local Labor Relations Board. The parties agree to split the expenses of the Mediator equally. Further, if the parties are unable to reach agreement on a successor Collective Bargaining Agreement, after mediation and upon expiration of the current Agreement, the parties may mutually agree to extend this Agreement and to submit the dispute to a Fact Finder who will be selected in accordance with the provisions of the Illinois Public Labor Relations Act. In accordance with the Act, the findings of the Fact Finder shall be advisory only. (PART AND PARCEL OF AGREEMENT) SCHEDULE A
MEDIATION AND FACT-FINDING. If the parties are unable to reach agreement on a successor Collective Bargaining Agreement, the parties agree to request the services of a Mediator from the Local Labor Relations Board. The parties agree to split the expenses of the Mediator equally. Further, if the parties are unable to reach agreement on a successor Collective Bargaining Agreement, after mediation and upon expiration of the current Agreement, the parties may mutually agree to extend this Agreement and to submit the dispute to a Fact Finder who will be selected in accordance with the provisions of the Illinois Public Labor Relations Act. In accordance with the Act, the findings of the Fact Finder shall be advisory only. (PART AND PARCEL OF AGREEMENT effective July 1, 2024) SCHEDULE A HOLIDAYS Time off with pay shall be granted to full-time employees on the following holidays: New Year’s Day ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Day
MEDIATION AND FACT-FINDING. If the parties are unable to reach agreement on a successor Collective Bargaining Agreement, the parties agree to request the services of a Mediator from the Local Labor Relations Board. The parties agree to split the expenses of the Mediator equally. Further, if the parties are unable to reach agreement on a successor Collective Bargaining Agreement, after mediation and upon expiration of the current Agreement, the parties may mutually agree to extend this Agreement and to submit the dispute to a Fact Finder who will be selected in accordance with the provisions of the Illinois Public Labor Relations Act. In accordance with the Act, the findings of the Fact Finder shall be advisory only. This Agreement and its Schedules are made in duplicate, and each copy is an original copy. Executed at Chicago, Illinois, this day of , 2017 For the International Brotherhood of Electrical Workers, Local No. 9, AFL–CIO ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Business Manager For the Metropolitan Water Reclamation District of Greater Chicago Approved as to Form and Legality ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Labor Negotiator ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Head Assistant Attorney ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ General Counsel ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ St. ▇▇▇▇▇▇ ▇▇▇▇▇/Director of Finance Executive Director ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Chairman Committee on Finance Chairman Committee on Labor and Industrial Relations ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ President Board of Commissioners HOLIDAYS Time off with pay shall be granted to full-time employees on the following holidays: New Year's Day ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Day
MEDIATION AND FACT-FINDING. (a) If any impasse is reached during negotiations, the impasse will be resolved in accordance with the rules and regulations of the Public Employment Relations Commission and Chapter 303, Laws of 1968 as amended and supplemented by Chapter 123, Public Laws 1974.
(b) Every effort will be made to have the Mediation and Fact-Finding conducted after the first shift (7:00 A.M. to 3:30 P.M.) working hours. However, if it is necessary that such take place during the first shift hours, requiring the release of Association officers, Committee members or employees, the Board will release only two (2) persons designated by the Association. Such designees will suffer no loss of pay. Similarly, if the persons designated by the Association are second shift employees, the Board will release no more than two (2) persons without loss of pay.