Alternate dispute resolution for clubs

Alternate Dispute Resolution Policy

“Organization” refers to: _____________________________

Definitions

1. The following term has this meaning in this Policy:a) “Individuals” – All categories of membership defined in the Organization’s Bylaws, as well as all individuals employed by, or engaged in activities with, the Organization including, but not limited to, athletes, coaches, convenors, officials, volunteers, managers, administrators, committee members, Directors and Officers of the Organization, and parents/guardians of athletes.

Purpose

1. The Organization 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.
2. The Organization encourages all Individuals to communicate openly, collaborate, and use problem-solving and negotiation techniques to resolve their differences.

Application of this Policy

1. This Policy applies to all Individuals.
2. Opportunities for Alternate Dispute Resolution may be pursued at any point in a dispute when all parties to the dispute agree that such a course of action would be mutually beneficial.

Facilitation and Mediation

1. If all parties to a dispute agree to Alternate Dispute Resolution, a mediator or facilitator shall be appointed to mediate or facilitate the dispute.
2. The mediator or facilitator shall decide the format under which the dispute shall be mediated or facilitated and shall specify a deadline before which the parties must reach a negotiated decision.
3. Should a negotiated decision be reached, the decision shall be approved by the Organization and reported to Swim Ontario. Any actions that are to take place as a result of the decision shall be enacted on the timelines specified by the negotiated decision, pending the Organization’s approval.
4. Should a negotiated decision not be reached by the deadline specified by the mediator or facilitator at the start of the process, 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 Organization’s Discipline and Complaints Policy orAppeal Policy.

Final and Binding

1. Any negotiated decision will be binding on the parties. Negotiated decisions may not be appealed.