Common use of MEDIATION AND FACT-FINDING Clause in Contracts

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 may make additional inquiries and investigations, hold hearings, and take such steps as are deemed appropriate by the parties. 8.4.6 The fact-finding report shall be issued to the parties within thirty (30) working days of the conclusion of any hearing. The report shall contain the findings of fact and recommend non-binding terms of a proposed settlement. 8.4.7 After the fact-finding report is received, the District team and the Association team shall give the report due consideration; provided, however, that the final decision with respect to the matter which was the subject of the fact-finding shall remain in the discretion of the Board. The fact-finding report shall not be considered a final and public document until the Board acts to receive it. The Board shall take action to acknowledge receipt of the fact-finding report within thirty (30) calendar days of issuance. During this time, the parties shall consider the recommendations contained in the fact-finding report and consider a mutually agreed-to recommendation on the fact-finding report to the Board. 8.4.8 Nothing contained in these procedures shall limit the rights of the parties to mutually agree upon any other method, procedure, or order of procedures for the selection of a mediator, fact-finder, or the resolution of disputes. Also, on mutual agreement any and all timelines and dates in this article may be waived or extended. 8.4.9 The costs for the services of any mediator or fact-finder shall be shared equally by the District and the Association. These expenses shall include the mediator's or fact-finder's fees and their expenses.