Common use of Alternative Dispute Resolution Process Clause in Contracts

Alternative Dispute Resolution Process. The parties recognize that there are times when an expedited arbitration may be desirable, and therefore, agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 3 of the Collective Agreement. a) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. b) The parties will decide in advance of initiating the process whether the outcome will be a binding or non-binding recommendation. c) Each party to the arbitration will be responsible for its own costs and will share equally the cost associated with the Arbitrator. d) The offices of MoveUP or BC Hydro will be used for the process on an alternating basis. e) The Union will designate and use an elected officer or union representative. The Employer will use employees of their Employer Relations Department. Legal counsel will not be used during the hearing by either party. f) The parties will create a schedule for the process in advance, based on a mutual assessment of the length of time needed to present each case. g) The parties and the arbitrator will have a brief file management conference call prior to setting the agenda for any hearing dates. This will be to ensure the agenda is kept to a manageable length. h) Within one week of the hearing, the parties will provide an agreed statement of facts to the arbitrator. i) Wherever possible the arbitrator will attempt to mediate a settlement between the parties. The arbitrator shall have no authority to amend or alter the terms of the collective agreement. j) In such case that the arbitrator must write a decision, such decision shall be 1 to 5 pages long and to the point. k) Any decisions arising from this process shall be without precedent or prejudice to any position either party may take in the future with regard to same or similar matters. The arbitrator will remain seized with respect to implementation, interpretation and application of the decision. l) Procedure Guidelines 1) The Opening Statement: This should basically set out the case from each party’s perspective. The arbitrator will seek at this point to define the issue and to determine what evidence is agreed to and what is not. 2) The Hearing: Sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify. There shall be no grievors, managers, witnesses or supervisors to the greatest extent possible.

Alternative Dispute Resolution Process. The parties recognize that there are times when an expedited arbitration may be desirable, and therefore, agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 3 of the Collective Agreement. (a) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. (b) The parties will decide in advance of initiating the process whether the outcome will be a binding or non-binding recommendation. (c) Each party to the arbitration will be responsible for its own costs and will share equally the cost associated with the Arbitrator. (d) The offices of MoveUP or BC Hydro will be used for the process on an alternating basis. (e) The Union will designate and use an elected officer or union representative. The Employer will use employees of their Employer Relations Department. Legal counsel will not be used during the hearing by either party. (f) The parties will create a schedule for the process in advance, based on a mutual assessment of the length of time needed to present each case. (g) The parties and the arbitrator will have a brief file management conference call prior to setting the agenda for any hearing dates. This will be to ensure the agenda is kept to a manageable length. (h) Within one week of the hearing, the parties will provide an agreed statement of facts to the arbitrator. (i) Wherever possible the arbitrator will attempt to mediate a settlement between the parties. The arbitrator shall have no authority to amend or alter the terms of the collective agreement. (j) In such case that the arbitrator must write a decision, such decision shall be 1 to 5 pages long and to the point. (k) Any decisions arising from this process shall be without precedent or prejudice to any position either party may take in the future with regard to same or similar matters. The arbitrator will remain seized with respect to implementation, interpretation and application of the decision. (l) Procedure Guidelines 1) The Opening Statement: This should basically set out the case from each party’s perspective. The arbitrator will seek at this point to define the issue and to determine what evidence is agreed to and what is not. 2) The Hearing: Sufficient witnesses should be called to ensure the “story” is properly told. Where it is an issue of credibility or conflicting evidence, the key individuals must testify. There shall be no grievors, managers, witnesses or supervisors to the greatest extent possible.