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Agenda - 01-07-1991
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Agenda - 01-07-1991
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11/8/2017 10:19:07 AM
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BOCC
Date
1/7/1991
Meeting Type
Regular Meeting
Document Type
Agenda
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n <br />14. Dis ute Resolution. 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, witr <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. If 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 o: <br />resolution. No litigation, or formal filing of a complaint with <br />relevant licensing bodies, shall be commenced by either Party in thi <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 a: <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 />
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