Common use of Alternate Dispute Resolution (ADR) Clause in Contracts

Alternate Dispute Resolution (ADR). Alternate Dispute Resolution is intended to provide a timely resolution with minimal formality. (a) Mutual agreement by both parties shall be required. (b) Neither side shall be represented by lawyers hired for this purpose (c) Neither side will call witnesses except by mutual agreement (d) The Parties shall mutually agree on an arbitrator (e) Every effort will be made to complete the hearing in one working day. (f) If possible, the decision will be immediately rendered verbally, but in either case will be provided in writing within ten (10) working days. (g) Awards will be limited to the decision with a summary of the arbitrator’s reasons. (h) All Alternate Dispute Resolution decisions shall be without prejudice and will not set precedent or be referred to in subsequent grievances. (i) Each Party shall pay their own costs and expenses of the Arbitration and one-half (1/2) of the remuneration and disbursements or expenses of the Arbitrator. (j) Should either Party wish to withdraw from this ADR process prior to the commencement of the hearing date, the Party responsible for the withdrawal shall serve written notice to the other Party and to the arbitrator In this circumstance, the Party withdrawing from the ADR process shall be responsible for any fees charged by the Arbitrator.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement