sec.37No final offer arbitration

### sec.37 No final offer arbitration The parties can not use final offer arbitration or a process substantially the same as final offer arbitration. The parties to a dispute use final offer arbitration if, at the end of mediation— each party to the mediation gives a written offer (a final offer ) for resolving all issues to— the mediator appointed for the mediation; and each other party to the dispute; and the final offer states the basis on which the party is prepared to settle all issues that have not been agreed; and an arbitrator appointed to resolve the dispute can make a decision only by choosing 1 of the offers; and if only 1 final offer has been made—the arbitrator may accept the offer as the arbitrator’s decision. s 37 prev s 37 om 2004 No. 3 s 5 pres s 37 ins 2004 No. 3 s 7 (sec.37-ssec.1) The parties can not use final offer arbitration or a process substantially the same as final offer arbitration. (sec.37-ssec.2) The parties to a dispute use final offer arbitration if, at the end of mediation— each party to the mediation gives a written offer (a final offer ) for resolving all issues to— the mediator appointed for the mediation; and each other party to the dispute; and the final offer states the basis on which the party is prepared to settle all issues that have not been agreed; and an arbitrator appointed to resolve the dispute can make a decision only by choosing 1 of the offers; and if only 1 final offer has been made—the arbitrator may accept the offer as the arbitrator’s decision. - (a) each party to the mediation gives a written offer (a final offer ) for resolving all issues to— (i) the mediator appointed for the mediation; and (ii) each other party to the dispute; and - (i) the mediator appointed for the mediation; and - (ii) each other party to the dispute; and - (b) the final offer states the basis on which the party is prepared to settle all issues that have not been agreed; and - (c) an arbitrator appointed to resolve the dispute can make a decision only by choosing 1 of the offers; and - (d) if only 1 final offer has been made—the arbitrator may accept the offer as the arbitrator’s decision. - (i) the mediator appointed for the mediation; and - (ii) each other party to the dispute; and