Common use of Optional Mediation (External) Clause in Contracts

Optional Mediation (External). Prior to submitting a grievance to arbitration, the Parties may mutually agree to non-binding mediation: (i) After receipt of the decision from the Employer under Step 2 above, either Party may request that a Mediator be appointed to meet with the parties, to investigate and define the issues in dispute and facilitate a resolution. (ii) The Mediator shall be appointed by mutual agreement between the Parties. (iii) During the proceedings, the Parties shall fully disclose all materials and information relevant to the issue in dispute. (iv) The purpose of the Mediator’s involvement in the grievance process is to assist the parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose. (v) The expenses of the Mediator shall be equally borne by both parties. (vi) The grievance may be resolved by mutual agreement between the parties. The Parties may request that the Mediator issue a report including non-binding recommendations.