PART XXX

DISPUTE RESOLUTION

267. In the event of a dispute between the Parties arising out of or relating to this Agreement, the Parties agree to meet, negotiate in good faith and attempt to resolve the dispute amicably without litigation. The Parties agree to use the procedure set out in this Part.

268.

1. If a dispute arises under this Agreement which cannot be resolved by the persons directly involved within 30 days, either Party may invoke this dispute resolution procedure by giving written notice to the other designating a senior official with appropriate authority to be its representative in negotiations relating to the dispute.



2. Upon receipt of the notice referred to in subsection 268(a), the other Party shall, within five business days, designate a senior official with similar authority to be its representative.



3. Within 10 business days of the designation of both officials, the designated officials shall enter into direct, good faith negotiations concerning the dispute.



4. If within 30 business days after the first meeting between the senior officials, the Parties have failed to resolve the dispute or agreed to extend the time for senior officials to resolve the dispute, then the Parties agree to use a mediator, in accordance with this Part, to assist in resolving the dispute.

269. Where a mediator is required to assist in resolving the dispute, the following rules shall apply:

1. the Parties shall jointly select a mediator. If the Parties are unable to agree upon the choice of a mediator, then a mediator shall be chosen, upon application by the Parties, by the British Columbia Arbitration and Mediation Institute;



2. the Parties agree to participate in good faith in the mediation process and to meet with the mediator as soon as possible; and



3. each Party shall bear its own costs of the mediation.

270. If the Parties are unable to resolve the dispute within 60 business days of the first meeting with the mediator, or within such time as the Parties may agree in writing, the Parties may agree to submit the dispute to arbitration, pursuant to this Agreement.

271. Where the Parties agree to submit the dispute to arbitration, the following rules shall apply:

1. the dispute shall be resolved by a single arbitrator if the Parties agree on one and, otherwise, by three arbitrators, one to be appointed by each Party and a third to be chosen by the first two named;



2. the Parties may agree on the procedure to be followed in the arbitration. If they cannot agree on this procedure within 15 business days of the appointment of an arbitrator or arbitrators, the procedure shall be determined by the arbitrator or arbitrators;



3. the arbitrator or arbitrators shall issue a written decision within 30 business days of the completion of the arbitration hearing and shall provide copies of the written decision to each Party; and



4. unless otherwise agreed or otherwise ordered by the arbitration decision, the costs of the arbitration shall be shared equally by the Parties.

272.

1. The Parties agree that neither shall commence litigation until completion of the mediation process. In the event that the Parties have agreed to arbitration, neither Party may commence litigation until receipt of the arbitration decision.



2. Where litigation is to be commenced by a Party, it may only be done upon 20 business days written notice to the other Party.

Back