Alternate Dispute Resolution
a) Definitions
The following terms have these meanings in this Policy:
i.) “Association” – Hockey Saskatchewan
ii.) “In writing” – A letter, fax or email sent directly to the Association.
b) Purpose
i.) The Association supports the principles of Alternate Dispute Resolution (ADR) and is committed to the techniques of negotiation, facilitation, and mediation as effective ways to resolve disputes.
ii.) The Association encourages all individuals and parties to communicate openly, collaborate, and use problem-solving and negotiation techniques to resolve their differences. The Association believes that negotiated settlements are usually preferable to outcomes resolved through other dispute resolution techniques.
c) Application of this Policy
This Policy applies to all disputes within the Association when all parties to the dispute agree that such a course of action would be mutually beneficial.
d) Facilitation and Mediation
i.) If all parties to a dispute agree to Alternate Dispute Resolution, a mediator or facilitator shall be appointed by the Association and/or the General Manager to mediate or facilitate the dispute.
ii.) The mediator or facilitator shall decide the format under which the dispute shall be mediated or facilitated.
iii.) The final decision will be communicated by the mediator or facilitator to the parties and the Association.
iv.) Should a negotiated decision be reached, the decision shall be reported to, and approved by the Association.
v.) Should a negotiated decision not be reached by the deadline specified by the mediator or facilitator, or if the parties to the dispute do not agree to Alternate Dispute Resolution, the dispute shall be considered under the appropriate section of the Association’s Appeal Policy.
vi.) The costs of mediation and facilitation will be shared equally by the parties or paid by the Association upon the Association’s sole discretion.
e) Final and Binding
i.) Any negotiated decision will be binding on the parties. Negotiated decisions may not be appealed.
ii.) No action or legal proceeding will be commenced against the Association or its Individuals in respect of a dispute, unless the Association has refused or failed to provide or abide by its governing documents.
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