Article 13: Dispute Resolution
STLHE By-law No. 1 was prepared and translated by Gowling WLG, Ottawa, ON. (June 2016)
13.1 Dispute Resolution Mechanism
In the event that a dispute or controversy among Members, Directors, Officers, committee members, employees, or volunteers of the Society arising out of or related to the Articles or By-laws, or out of any aspect of the operations of the Society is not resolved in private meetings between the parties, then without prejudice to or in any other way derogating from the rights of the Members, Directors, Officers, committee members, employees or volunteers of the Society as set out in the Articles, By-laws or the Act, and as an alternative to such person instituting a lawsuit or legal action, such dispute or controversy shall be settled by a process of dispute resolution as follows:
(a) The dispute or controversy shall first be submitted to a panel of mediators whereby the one party appoints one mediator, the other party (or if applicable the Board of the Society) appoints one (1) mediator, and the two (2) mediators so appointed jointly appoint a third (3rd) mediator. The three (3) mediators will then meet with the parties in question in an attempt to mediate a resolution between the parties.
(b) The number of mediators may be reduced from three (3) to two (2) upon agreement of the parties.
(c) If the parties are not successful in resolving the dispute through mediation, then the parties agree that the dispute shall be settled by arbitration before a single arbitrator, who shall not be any one of the mediators referred to above, in accordance with the provincial or territorial legislation governing domestic arbitrations in force where the registered office of the Society is situated or as otherwise agreed upon the parties to the dispute. The parties agree that all proceedings relating to arbitration shall be kept confidential and there shall be no disclosure of any kind. The decision of the arbitrator shall be final and binding and shall not be subject to appeal on a question of fact, law, or mixed fact and law.
(d) All costs of the mediators appointed in accordance with this Section shall be borne by the parties of the dispute or controversy. All costs of the arbitrators appointed in accordance with this section shall be borne by such parties as may be determined by the arbitrators.