BY-LAW NUMBER 3: RULES ON MEDIATION OF DISPUTES
According to Article 54.1 of the Cooperatives Act (CQLR c C-67.2, s 54.1), it is resolved to adopt this Regulation dispute mediation to encourage the settlement of a dispute that may occur between the cooperative and a member or auxiliary member (hereinafter referred to as "the member") and determine the terms of mediation.
Any dispute between the cooperative and a member may be subject to mediation, at the request of the cooperative or the member.
The mediation request is initiated when a party sends a written request to that effect to the other party. The written request contains a brief summary of the basis for the request.
Once introduced the request for mediation, the parties are required to participate in good faith.
The cooperative must be represented by a person authorized to act for that purpose. It is the same for the member, if it is a company or a corporation.
The mediator is chosen jointly by the cooperative and the member.
If after [number] days of the date of the written request for mediation, the parties could not agree on the person to fill the role of mediator, [person or designated agency] shall, upon written request of a party, the appointment of the mediator, in [number] days time of this application.
The chosen mediator must be independent and impartial, especially in that it does not represent any of the parties.
The mediator must also have the knowledge necessary to carry out its mandate.
The mediator helps the parties to seek a negotiated solution to their dispute. To this end, in particular, it helps the cooperative and the member to communicate, negotiate, assess their positions and explore mutually satisfactory solutions.
Mediation is not used to determine which party is right but is intended to find a satisfactory solution for both parties in compliance with the laws and regulations of the cooperative.
The cooperative and the member must contribute to a climate of respectful and fruitful exchanges to promote the settlement of the dispute.
The mediator fixes the measures to facilitate the conduct of mediation.
The ombudsman receives, upon appointment, the parties instead it determines. It hears, if necessary, separately or together.
He requested all relevant information, including documents required for consideration of the dispute.
The duration of the mediation shall not exceed [number] days from the date of appointment of the mediator. This period may be extended once, by agreement of all parties, lasting not more than the period mentioned above.
The mediator and the parties are bound by strict confidentiality for all matters concerning mediation. In particular, any finding, statement or proposition made before the mediator or it can be used later in the judicial or other proceedings. The mediator may not be called to testify in judicial or other proceedings.
Upon the appointment of the mediator, it and each of the parties agree in writing to respect the confidentiality obligations.
Mediation costs, if any, are borne equally between the cooperative and the member, unless the parties agree otherwise.
At the latest, within the period provided for in Article 7 of this By-law, the mediation ends:
decision of the mediator if it considers that the mediation process does not result in an agreement. The Ombudsman sent the parties a written notice of its decision;
If the parties jointly agree in writing to terminate the mediation process;
by an agreement between the cooperative and the member. The agreement is subject to a writing signed by the parties.
This regulation shall enter into force on [date].