Negotiations Impasse Clause Samples

A Negotiations Impasse clause defines the procedures to follow when parties involved in a contract cannot reach agreement on key terms or issues during negotiations. Typically, this clause outlines steps such as escalating the matter to higher management, engaging in mediation, or setting time limits for resolution efforts. Its core function is to provide a clear process for resolving deadlocks, thereby minimizing delays and uncertainty in finalizing agreements.
Negotiations Impasse. When the Parties cannot agree on a negotiable matter and an impasse has been reached, the item shall be set aside. After all negotiable items on which agreement can be reached have been disposed of, the Parties will again attempt to resolve any impasse. Either or both Parties may seek the services of the Federal Mediation and Conciliation Service (FMCS). When the services of mediation do not resolve the impasse, either Party may seek the services of the Federal Service Impasses Panel (FSIP). Any proposals referred to the FSIP shall be deemed a provision of the executed Agreement upon receipt of an FSIP decision ordering adoption of the proposal.
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Negotiations Impasse. If impasse is declared by either party pursuant to law or the Illinois Educational Labor Relations Board invokes mediation, both parties shall jointly request a mediator from the Federal Mediation and Conciliation Service (FMCS). Should FMCS be unavailable or if, after a reasonable time the FMCS cannot assign a mediator, then the parties shall request a mediator from the American Arbitration Association
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Negotiations Impasse. Either party shall have the authority to declare that negotiations are at an impasse. When impasse is declared, the Federal Mediation and Conciliation Service shall be used as the sole method of impasse resolution.
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Negotiations Impasse. When the Parties cannot agree on a negotiable matter, the item shall be set aside. After all the negotiable items on which agreement can be reached have been disposed of, the Parties shall again attempt to resolve any items set aside. Either or both Parties may seek the services of the Federal Mediation and Conciliation Service. If local negotiations reach impasse, the local Parties will notify the national level (see Section 13b) before proceeding to mediation with the Federal Mediation and Concilation Service. If the services of mediation do not resolve the impasse, only the national Parties may refer the matter to the Federal Services Impasses Panel or, if mutually agreed upon, to binding arbitration (see Article 22).
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Negotiations Impasse. When the parties to the Agreement cannot agree on a negotiable matter and an impasse has been reached, the item shall be set aside. After all negotiable items on which agreement can be reached have been disposed of the parties will again attempt to resolve any impasse. Either or both parties may seek the services of the Federal Mediation and Conciliation Service (FMCS). When the services of mediation do not resolve the impasse, either party may seek the services of the Federal Service Impasses Panel (FSIP).
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Related to Negotiations Impasse

  • Negotiation Teams Neither party in any negotiations shall have any control over the selection of the bargaining representatives of the other party. The parties mutually pledge that their representatives will be clothed with all necessary authority and power to make proposals, counterproposals and to reach tentative agreement on items being negotiated. The parties realize the Agreement shall only be effective subject to the ratification of the BTU-ESP and the School Board. The Negotiation/Labor Management team shall consist of no more than six

  • NEGOTIATIONS PROCEDURE A. Upon the request of Local 149 or the Board, not earlier than ninety (90) calendar days prior to the expiration of this Agreement, the parties may open negotiations for a successor contract. The first meeting will be held within fifteen (15) calendar days of receipt of the request unless the parties mutually agree to a later date. B. The Board and the Union shall be represented at negotiation meetings by a team of not more than six (6) members each. C. The Board and the Union negotiating teams shall exchange items for negotiations at the first negotiating session. All contract proposals shall be presented in writing by both parties. No issue shall be introduced by either party following the first session unless mutually agreed by both negotiating teams. D. Neither team shall release information to the public media without mutual agreement of the other team until such time as impasse is declared by either side. E. When tentative agreement is reached covering the matters of negotiation, it shall be reduced to writing, reproduced at Board expense for the Local 149 membership to ratify or reject. When approved by Local 149 membership, it shall be presented to the Board for its approval or rejection. F. In the event agreement is not reached within thirty (30) calendar days after the first actual negotiating session, either party may request that Federal Mediation and Conciliation Service be notified and requested to furnish the services of a mediator for the purpose of assisting the parties in reaching agreement. The request for a mediator shall be jointly filed. This procedure is intended to serve as an alternate dispute resolution procedure to those set forth in Chapter 4117 of the Ohio Revised Code. G. The procedures set forth above may be modified prior to the start of negotiations by joint agreement of the parties. Should that occur, the bargaining shall be governed by the ground rules agreed to modifying these procedures.

  • Negotiation of Agreement Each of the parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with consent and upon the advice of said independent counsel. Each party and its counsel cooperated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto shall be deemed the work product of the parties and may not be construed against any party by reason of its preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it is of no application and is hereby expressly waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the intentions of the parties and this Agreement.

  • Negotiations At the written request of a Party, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising out of or relating to this Agreement. The Parties intend that these negotiations be conducted by non-lawyer, business representatives. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery, and shall not be admissible in the arbitration described below or in any lawsuit without the concurrence of all Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise discoverable, be discovered or otherwise admissible, be admitted in evidence, in the arbitration or lawsuit.

  • Mutual Negotiations This Agreement and the other Transaction Documents are the product of mutual negotiations by the parties thereto and their counsel, and no party shall be deemed the draftsperson of this Agreement or any other Transaction Document or any provision hereof or thereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Agreement or any other Transaction Document, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s involvement in the drafting thereof.