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Agenda - 06-29-1993 - III-E
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Agenda - 06-29-1993 - III-E
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1/23/2017 12:02:48 PM
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BOCC
Date
6/29/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
III-E
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Minutes - 19930629
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\Board of County Commissioners\Minutes - Approved\1990's\1993
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• 11 <br /> • <br /> 14 . Dispute Rem olution. In the event that a dispute <br /> arises concerning this Agreement or the performance of any <br /> obligations it establishes , either Employer or HAI (the " Parties " ) <br /> may refer the dispute to a neutral adviser ( "Adviser" ) for <br /> resolution. The Adviser shall be any person or organization <br /> mutually agreed upon by the Parties . Within twenty ( 20 ) days of the <br /> submission of the dispute to the Adviser, the Adviser shall meet <br /> with the Parties . At this meeting, the Adviser will attempt to <br /> assist the Parties in negotiating a resolution of the dispute . If <br /> that is not possible , the Adviser will recommend in writing , within <br /> ten ( 10 ) days of this meeting , a procedure for resolving the <br /> dispute . This procedure may be either non-binding or binding , with <br /> the agreement of the Parties . The procedure may be conducted by the <br /> Adviser or by another person or organization which the Parties , with <br /> the assistance of the Adviser, may agree upon, and will be subject <br /> to such ground rules as may be recommended by the Adviser . These <br /> ground rules will include provisions for information exchange , <br /> format and location of the procedure , and a time for completion of <br /> the procedure . If the Parties cannot agree on a procedure , they <br /> shall agree to attend a non-binding mediation session presided over <br /> by the Adviser. I_f the dispute cannot be resolved within such time <br /> as the Adviser deems reasonable , the Adviser shall , at the request <br /> of either Party , certify in writing that the dispute is incapable of <br /> resolution. No litigation, or' formal filing of a complaint with <br /> relevant licensing bodies , shall be commenced by either Party in the <br /> absence of this written certification, except that either Party may <br /> commence same ( 1 ) in order to prevent the barring of the claim by an <br /> applicable statute of limitations or ( 2 ) if litigation is otherwise <br /> necessary to prevent irreparable harm to that Party . The Parties <br /> agree , however, (unless prohibited by court order) to continue to <br /> participate in the resolution process described in this section <br /> despite the commencement of litigation or licensure disciplinary <br /> proceedings . <br /> • <br /> 9 <br />
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