I was asked the other day by an employment lawyer if I had a precedent for a Mediation/Arbitration clause that could be used in an Ontario employment contract.
I didn’t have a precedent so I composed my own. Here it is:
Med/Arb dispute resolution procedure
The parties agree that any and all disputes arising from the interpretation or application of this agreement (including but not limited to the termination of this agreement) shall be resolved by the following process:
- The parties shall select a sole Arbitrator within 30 days of the request to arbitrate. If the parties cannot agree on an Arbitrator, then one shall be appointed pursuant to section 10 of the Arbitration Act, 1991.
- The parties shall first attempt to resolve the issues in dispute by way of a mediation conducted by the Arbitrator.
- If the matters are not resolved, then the Arbitrator will decide all outstanding issues by way of a final and binding arbitration pursuant to the Arbitration Act, 1991. There shall be no appeal from the award of the Arbitrator.
- This provision does not prevent either party from pursuing any statutory right that they may have before the appropriate statutory tribunal, although that party may choose instead to pursue this Med/Arb procedure.
- The parties shall share the fees of the Arbitrator equally unless the Arbitrator orders otherwise.
- The entire process shall take place in the Province of Ontario at a place chosen by the Arbitrator after consultation with the parties.
I look forward your comments and compliments. Feel free to use this clause in your practice.
Med/Arb can be a much better way of resolving non union disputes than resorting to the Courts. Try it!
Barry B. Fisher, LL.B., is a mediator and arbitrator of both employment and labour relations matters. He offers three forms of ADR based on clients’ needs: Mediation, Arbitration and Med/Arb. Barry is from the evaluative school of mediation and brings his over 30 years' experience as an employment lawyer and legal author to the dispute. In addition to his knowledge of the legal issues involved in these disputes, he also has a deep understanding of the psychological factors that motivate both employees and employers. By combining these two skills, Barry is able to achieve a settlement rate of over 80% of the disputes that he mediates.
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Great idea @Barry- and what you you have wrote reads great!