Mediation Procedure Clause Samples

Mediation Procedure. The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hear...

Mediation Procedure. The Mediator(s) shall apply the mediation procedures and processes provided for herein (not the rules of the ADR organization with which they are affiliated) and shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediator(s), unless the parties otherwise agree, shall adhere to the following procedure:

Mediation Procedure. The mediation procedure is entirely informal in nature. The relevant facts should be elicited in a narrative fashion to the extent possible, rather than through examination and cross-examination of witnesses. The rules of evidence will not apply and no record of the proceedings will be made. All persons involved in the events giving rise to the grievance should be encouraged to participate fully in the proceedings, both by stating their views and by asking questions of the other participants at the mediation hearing.

Mediation Procedure. The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure:

Mediation Procedure. The arbitrator shall function as a mediator prior to the expiration of the Agreement. The arbitrator may attend any negotiations session by mutual agreement, but will be present during all negotiation sessions scheduled during the seven (7) calendar day period immediately preceding the expiration date. In addition, the arbitrator may attend any side bar meetings by mutual agreement, or any caucus meetings by invitation of either party.

Mediation Procedure. All mediation proceedings will be conducted in accordance with the Contract and Florida Statutes.

Mediation Procedure. Grievance mediation shall be established as an option which is available to the parties after the final step of the internal grievance procedure. A request to mediate must be submitted within ten (10) work days following the Level 4 response. If mediation is requested by a party and the other party agrees to mediate, the time lines for filing a request for arbitration will be tolled subject to the mediation procedure. A party refusing mediation must give written notice to the other party within five (5) work days of the request. If mediation is refused, applicable time limits for appealing a grievance to arbitration contained in the parties’ Collective Bargaining Agreement shall commence on the day the refusal notice is issued.

Mediation Procedure. The mediation shall be conducted using the Construction Mediation Rules of the AAA. A principal of the Consultant and the Superintendent or designee of the School District, both having full authority to settle the claim and with authority to adjust pre-existing settlement authority if necessary, must attend the mediation session. To the extent there are other parties in interest, such as insurers, subconsultants, contractors, and/or designers, their representatives, with full authority to settle the claim and with authority to adjust pre-existing settlement authority if necessary, shall also attend the mediation session in person. Each party shall share the costs of mediation equally.

Mediation Procedure. If a dispute or disagreement arises in relation to any matter under this lease, the parties must endeavour to resolve the matter in accordance with the following mediation procedure: 31.3.1 a party may start mediation by serving notice on the other party; 31.3.2 the notice must state that a dispute has arisen and identify what the dispute is; 31.3.3 the parties must jointly request appointment of a mediator. If the parties fail to agree on the appointment within 5 Business Days of service of the mediation notice, either party may apply to the President of the Law Institute of Victoria or the nominee of the President to appoint a mediator; 31.3.4 once the mediator has accepted the appointment, the parties must comply with the mediator's instructions; and 31.3.5 if the dispute is not resolved within 28 days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases. A party is not bound to follow the procedures set out in this clause 31 where to do so means that a limitation period for a cause of action relevant to the issues in dispute will expire.