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SECTION 9 — DISPUTE RESOLUTION
9.01 Mediation and Arbitration
Disputes or controversies among members, directors, officers, committee members, or
volunteers of the Society are as much as possible to be resolved in accordance with mediation
and/or arbitration as provided in Section 9.02 of this by-law.
9.02 Dispute Resolution Mechanism
In the event that a dispute or controversy among members, directors, officers, committee
members 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 law suit 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 mediator, and the two mediators so appointed jointly appoint a third mediator.
The three 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 to one or two 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 legislation
governing domestic arbitrations in force in the province where the registered office of the
Society is situated or as otherwise agreed upon by 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 equally by
the parties to the dispute or the 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.
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