6. Each party shall bear its own costs of the mediation. 7. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, the mediator or any FMCS employees, are confidential and inadmissible for any purpose in any other proceeding. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. 8. Following the mediation, the administration will issue a written determination on the grievance, taking into account the conversations with the mediator. This will conclude the Article 14 process. 9 At no time prior to the conclusion of mediation shall either party initiate litigation related to this request for mediation 14.6 Procedural Considerations for the Grievance Process 1. Timeliness: If a decision is received when faculty members are off contract, the decision shall be considered received on the subsequent first contract day. 2. Failure to Respond: If the administration fails to issue a determination within the time limits specified, the grievant may deem the grievance denied and may appeal. If the grievant fails to appeal within the time specified, the decision shall be considered accepted by the grievant, and the grievance process concludes. 3. Consolidation of Grievances: Two (2) or more grievances involving the same act or omission and violation of this Contract may be consolidated for processing. 4. Meetings: Meetings, for the purpose of discussing a grievance, shall be held at mutually agreeable places and times during working hours, unless agreed to in advance by all involved. 2022-2025 TMCC-NFA Contract Article 14 Page 94
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