Selection of a Mediator Clause Samples
The 'Selection of a Mediator' clause defines the process by which parties involved in a dispute choose a neutral third party to facilitate mediation. Typically, this clause outlines criteria for mediator qualifications, the method for proposing and agreeing upon a mediator, and may specify a timeframe or a default selection mechanism if the parties cannot agree. Its core practical function is to ensure an efficient and mutually acceptable process for appointing a mediator, thereby reducing delays and disagreements that could hinder the resolution of disputes.
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Selection of a Mediator. Within ten (10) days of the Parties’ written agreement to mediate, the Parties shall exchange lists of proposed mediators, and the Parties shall seek to agree on a mediator. Any individual designated as the mediator shall make known to the Parties whether he or she is a past or present officer, employee or consultant to any of the Parties, or of any entity related to or Affiliated with any of the Parties or is otherwise interested in the matter to be mediated. Any person with such a relationship shall not be eligible to serve as the mediator, absent the express written consent of all Parties. If the Parties are unable to agree on a mediator, they shall invoke the assistance of the Commission’s Dispute Resolution Service to select a mediator.
Selection of a Mediator. The Authorized Representatives will have five (5) business days from the date they terminate direct negotiations to submit to each other a written list of persons whom they consider to be qualified to serve as a mediator. A list of candidates may include those recognized by any court as a qualified mediator. The Authorized Representatives will have five (5) days thereafter to mutually select and designate the mediator.
Selection of a Mediator. The parties will have twenty days from the date they submit the completed Request to Mediate to review the roster of approved mediators and select a mediator acceptable to all parties. In the event that the parties agree on the mediator, that name should be supplied immediately to the Berks County Bar Association. In the event that there is no agreement on the mediator within twenty (20) days, the Berks County Bar Association will assign a mediator. This assignment will be based on a rolling, random assignment of approved mediators on the list.
Selection of a Mediator. When an impasse has been declared, the Federal Mediation and Conciliation Service or American Arbitration Association shall be requested by the parties to appoint a mediator from its staff. The mediator shall meet as soon as possible with the parties or their representatives, or both, either jointly or separately.
Selection of a Mediator. The parties will reach agreement on a mutually acceptable mediator as needed. If agreement cannot be obtained between the parties then either party can apply to the Minister of Labour to have a mediator appointed.
Selection of a Mediator. As soon as possible and in any event not later than five (5) work days after the District and the Association’s agreement to mediate, the District and the Association shall attempt to agree upon a mediator. If no agreement is reached within said five (5) days, a mediator shall be selected from a list furnished by the California State Mediation and Conciliation Services by alternate striking of names until one name remains. The party who strikes the first name shall be determined by lot and the names shall be ranked in order of preference. If the mediator selected indicates that he/she will not be available for hearing within 60 calendar days, the District and Association shall select the mediator next in order from the preference list.
Selection of a Mediator. The mediator will be agreed to by the Employer and the Union. If agreement cannot be obtained, either party can apply to the Minister responsible for The Saskatchewan Employment Act to have a mediator appointed.
Selection of a Mediator. The Federal Mediation and Conciliation Service shall be contacted to provide a mediator. The selection of a mediator shall be in accordance with its rules. The mediator shall meet with the parties or their representatives, or both, forthwith, either jointly or separately, and shall take such steps as are deemed appropriate to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The mediator shall not make public any recommendations without the express written consent of both parties.
Selection of a Mediator. The parties will reach agreement on a mutually acceptable mediator as needed. If agreement cannot be obtained between the parties then either party can apply to the Minister of Labour to have a mediator appointed. Grievance seeks individual settlement, ie. Settlement applies to one (1) grievor and would not result in a similar claim by another employee. By mutual agreement between the parties, grievance mediation may be used for other kinds of grievances, eg. Group grievances. Grievance mediation is appropriate where there are a range of possible solutions to the concerns raised in the grievance. Grievance mediation is normally not appropriate for policy grievances, complex cases, or where other employees would have a similar claim resulting from the settlement. Role of the Mediator The role of the mediator is to assist the parties to achieve a mutually acceptable resolution of the grievance. Rules Applicable to Grievance Mediation Any document provided prior to during the mediation will be returned to the issuing party at the conclusion of the mediation process. Settlements reached at mediation will not be considered a precedent or normal practice and will not be raised in support of any future grievance. Anything said or done at mediation will not be used against either the Employer, Employee or the Union at any subsequent arbitration. At any subsequent arbitration hearing, or any hearing on the matter by the Labour Relations Board, the mediator will not be a witness. No transcripts or records will be kept by the mediator other than that the mediation occurred when, where, the parties to the dispute and whether settlement was achieved. Parties to the mediation will have the authority to conclude a settlement at mediation. Following the Mediation process if no settlement is achieved, the grievance may be advanced to Arbitration. Grievance Mediation Process The mediator will provide an introduction of the mediation process, eg. concept, ground rules, process and questions. The process will be determined by the parties to the mediation with respect to the collective agreement, opportunities to comment, and meeting as a group or individually with the mediator. If a settlement can be reached, the terms of the settlement will be put in writing, and signed by the parties. If no agreement is possible, the mediator will verbally set out respective positions, and points of difference. The mediator may shut down the mediation process if it appears resolution is unl...
Selection of a Mediator. If a Dispute is referred to mediation pursuant to Section 11.1.2, the Parties shall select a mutually acceptable mediator from the pool of mediators who provide mediation services within Norfolk or Virginia Beach, Virginia. If the Parties cannot agree on the selection of such mediator within ten (10) Business Days after the Parties referral to mediation pursuant to Section 11.1.2, each Party shall, within five (5) Business Days of the delivery of the Notice pursuant to Section 11.1.2, select a mediator from the pool of mediators who provide mediation services within Norfolk or Virginia Beach, Virginia. Each Party shall give Notice of such selection to the other Party and each Party’s selected mediator. The selected mediators shall then select a third mediator from the pool of mediators who provide mediation services within Norfolk or Virginia Beach, Virginia, and such third mediator shall serve as the mediator for the Dispute. The mediator’s costs and expenses shall be shared equally by the Parties.