Common use of The Process Clause in Contracts

The Process. 12.1.1 The PC may make decisions to resolve an issue if: (a) the parents cannot agree on the matter, (b) one parent chooses not to participate in mediation; or (c) time constraints make it impossible to reach an agreement. 12.1.2 The PC shall advise the parents in writing that they are now engaged in Arbitration. The format of the “hearing” will be determined by the PC after hearing the parents’ submissions and considering all the circumstances. The hearing may be conducted in person, by telephone, e-mail, online, in writing or other means. If either party requests an oral hearing, the PC will conduct one either in person or online, in the PC’s discretion. 12.1.3 Any challenge to the PC’s jurisdiction shall be determined by the PC after considering the submissions of each parent. 12.1.4 The PC shall provide both parents with notice of the time, place and procedure for the hearing. All procedures will be determined by the PC depending on the circumstances. If a parent fails to participate, comply with timelines, provide evidence or submissions, or respond to the other’s evidence or submissions, the PC may proceed in the absence of that parent or their input. 12.1.5 Subject to ongoing screening obligation, all oral and written communication during the arbitration shall occur in the presence of or with notice to both parents. No recording shall be made of the arbitration hearing. 12.1.6 The parents are advised to seek legal advice before and to involve a lawyer throughout the arbitration.