Section 105
Consensual mediation-arbitration
As the name implies, mediation-arbitration
(med-arb) is a combination of two processes. Typically, med-arb begins with a neutral
chairperson attempting to mediate a settlement to the dispute. Instead of making rulings
or decisions, a mediator acts as a facilitator to help the parties settle their grievance.
If it cannot be settled by mediation, the next step is arbitration. At this stage, the
chairperson assumes the role of an arbitrator with the power to issue a final and binding
decision.
This approach to arbitration has become much
more common in recent years. In fact, many arbitrators appointed under sections 86 and 104 often offer the
parties the opportunity to explore a mediated resolution rather than plunging immediately
into the formal hearing process.
To make a request to CAAB for the appointment
of a mediator arbitrator, use the Request for Appointment application in either fill-in
WORD format. Please note that any request for a
mediator-arbitrator must be made jointly by both the employer and the union. Applications
to CAAB can be made by mail, by fax, or in person only.
The hours for filing any applications or
documents with the Collective Agreement Arbitration Bureau are from 8:30 AM to 4:00 PM,
Monday to Friday, excluding statutory holidays. All materials filed after these hours will
be treated as if received at 8:30 AM the next business day. |