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. 11.1 In the event of any dispute between any parties to this Settlement Agreement arising out of or relating to this Settlement Agreement or Escrow Agreement, those parties agree to try in good faith to settle the dispute by negotiation and/or mediation. 11.2 If the dispute cannot be resolved to those parties’ mutual satisfaction through negotiation and/or mediation within thirty (30) days, the dispute shall be resolved through binding arbitration. It is the intent of the parties that any dispute between any parties to this Settlement Agreement arising out of or relating to this Settlement Agreement or Escrow Agreement which is not promptly resolved through negotiation or mediation shall be resolved through binding arbitration and that the arbitration be structured in such a way as to minimize costs and delay. The arbitration shall be conducted in accordance with the Judicial Arbitration and Mediation Service (“JAMS”) Comprehensive Arbitration Rules and Procedures (“JAMS RULES”) with the following stipulations: 11.2.1 The arbitration hearing shall be held before a single arbitrator to be selected by the parties. The parties recognize that there are times when shall endeavor to agree upon an expedited arbitration may be desirable, and therefore, agree that arbitrator as soon as practicable after the following process may be used as a substitute for the formal grievance procedure outlined in Article 3 Date of the Collective Agreement. a) The process can only be used by mutual agreement between Execution. If the parties who are signatory unable to this Collective Agreement. b) The parties will decide in advance of initiating select a single arbitrator, then, no later than 10 days after the process whether first dispute is referred to arbitration pursuant to paragraph 11.2 above, the outcome single arbitrator will be a binding or non-binding recommendation. c) Each selected by the President of JAMS. If for any reason the selection procedures above fail, then each party to the arbitration will dispute shall select an arbitrator, and those arbitrators shall select a third arbitrator, who shall be responsible the single arbitrator for its own costs and will share equally the cost associated with dispute. If the Arbitratortwo arbitrators are unable to agree upon a third arbitrator within 15 days, the third arbitrator shall be selected by the President of the New York City Bar Association. Any reference to an “arbitrator” in this Settlement Agreement shall be deemed a reference to an arbitrator selected pursuant to this paragraph. d11.2.2 The arbitrator(s) The offices selected must be free of MoveUP or BC Hydro will be used for any interest affecting his/her impartiality, must make all appropriate disclosures to the process on an alternating basisparties, and must comply with all JAMS RULES and the JAMS Arbitrators Ethics Guidelines with respect to impartiality and disclosures. e) 11.2.3 The Union will designate arbitrator may impose reasonable 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 equitable time limits on each arbitrating party’s presentation at the arbitration hearing, and shall endeavor to complete the hearing by either partyin ten (10) business days or less from the day the hearing is commenced. f11.2.4 The arbitration decision shall be rendered not later than thirty (30) The parties will create a schedule for days after the process in advance, based on a mutual assessment final day of the length of time needed to present each casehearing and shall be judicially enforceable and binding in accordance with New York law. g11.2.5 Summaries of any expert testimony, along with copies of all documents to be submitted as exhibits, shall be exchanged at least ten (10) The parties and business days before the arbitrator will have a brief file management conference call prior to setting the agenda for any arbitration 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 under procedures set up by the arbitrator. i) Wherever possible 11.2.6 Except as otherwise specified herein, there shall be no discovery or dispositive motion practice except as may be permitted by the arbitrator, who may authorize only such discovery as is shown to be necessary to ensure a fair hearing. 11.2.7 The arbitrator will attempt may retain a technical expert to mediate a settlement aid in deciding the dispute between the parties, in which event the technical expert shall be chosen by agreement of the arbitrating parties or, absent such agreement, by the arbitrator (subject to the arbitrating parties’ right to disqualify the expert for conflict of interest). Arbitration costs and fees shall be divided equally between the Settling Plaintiff(s) on one hand and the Settling Defendant(s) on the other hand, and paid subject to reallocation as set forth in the next subparagraph. As among multiple Settling Plaintiffs, or multiple Settling Defendants, participating in the same arbitration, the costs and fees to be paid by each side shall be allocated among the multiple parties on that side in accordance with their relative allocations for purposes of the payments to or distributions from the Aggregate Settlement Payment, or as may be agreed to among the Settling Defendants or Settling Plaintiffs. 11.2.8 Arbitration costs, arbitrator’s fees and reasonable attorneys’ fees and costs shall be awarded to the prevailing parties, if any, by the arbitrator. 11.2.9 For disputes concerning construction and/or interpretation of this Settlement Agreement, the arbitrator’s decision shall be governed by JAMS Rule 24(c). 11.2.10 The parties to this Settlement Agreement agree that any decision by the arbitrator that is not overturned by a reviewing court under applicable law shall have no authority the same issue preclusion effect as a final judgment rendered by a court of competent jurisdiction. 11.2.11 The parties to amend or alter this Settlement Agreement agree, notwithstanding the common law and to the fullest extent permitted by law, that the arbitrator may order the parties to take actions required to implement the terms of the collective agreement. j) In such case this Settlement Agreement or refrain from taking actions that the arbitrator must write a decision, such decision shall be 1 to 5 pages long and are contrary to the pointterms of this Settlement Agreement. 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.