Appendix M-1 Dispute Resolution

Collaborative Negotiations

DEFINITIONS

1. In this Appendix:
   
   

   1. "Chapter"

      means the Dispute Resolution Chapter;
      
      

   2. "party"

      means a participating Party to collaborative negotiations under this Appendix; and
      
      

   3. "section"

      means a section in this Appendix.

GENERAL

2. Collaborative negotiations commence:
   
   
   1. on the date of delivery of a written notice requiring the commencement of collaborative negotiations; or
      
      
   2. in the case of negotiations in the circumstances described in subparagraph 7(c) of the Chapter, on the date of the first negotiation meeting.

NOTICE

3. A notice under paragraph 15 of the Chapter requiring the commencement of collaborative negotiations will include the following:
   
   
   1. the names of the parties directly engaged in the disagreement;
      
      
   2. a brief summary of the particulars of the disagreement;
      
      
   3. a description of the efforts made to date to resolve the disagreement;
      
      
   4. the names of the individuals involved in those efforts; and
      
      
   5. any other information that will help the parties.

REPRESENTATION

4. A party may attend collaborative negotiations with or without legal counsel.
   
   
5. At the commencement of the first negotiation meeting, each party will advise the other parties of any limitations on the authority of its representatives.

NEGOTIATION PROCESS

6. The parties will convene their first negotiation meeting in collaborative negotiations, other than those described in subparagraph 7(c) of the Chapter, within 21 days after the commencement of the collaborative negotiations.
   
   
7. Before the first scheduled negotiation meeting, the parties will discuss and attempt to reach agreement on any procedural issues that will facilitate the collaborative negotiations, including the requirements of paragraph 26 of the Chapter.
   
   
8. For purposes of subparagraph 26(a) of the Chapter, "timely disclosure" means disclosure made within 15 days after a request for disclosure by a party.
   
   
9. The parties will make a serious attempt to resolve the disagreement by
   
   
   1. identifying underlying interests;
      
      
   2. isolating points of agreement and disagreement;
      
      
   3. exploring alternative solutions;
      
      
   4. considering compromises or accommodations; and
      
      
   5. taking any other measures that will assist in resolution of the disagreement.
      
      
10. No transcript or recording will be kept of collaborative negotiations, but this does not prevent a person from keeping notes of the negotiations.

CONFIDENTIALITY

11. In order to assist in the resolution of a disagreement, collaborative negotiations will not be open to the public.
    
    
12. The parties, and all persons, will keep confidential:
    
    
    1. all oral and written information disclosed in the collaborative negotiations; and
       
       
    2. the fact that this information has been disclosed.
       
       
13. The parties will not rely on or introduce as evidence in any proceeding, whether or not that proceeding relates to the subject matter of the collaborative negotiations, any oral or written information disclosed in or arising from the collaborative negotiations, including:
    
    
    1. any documents of other parties produced in the course of the collaborative negotiations that are not otherwise produced or producible in that proceeding;
       
       
    2. any views expressed, or suggestions made, by any party in respect of a possible settlement of the disagreement;
       
       
    3. any admissions made by any party in the course of the collaborative negotiations, unless otherwise stipulated by the admitting party; and
       
       
    4. the fact that any party has indicated a willingness to make or accept a proposal for settlement.
       
       
14. Sections 12 and 13 do not apply:
    
    
    1. in any proceeding for the enforcement or setting aside of an agreement resolving the disagreement that was the subject of the collaborative negotiation;
       
       
    2. if the adjudicator in any proceeding determines that the interests of the public or the administration of justice outweigh the need for confidentiality; or
       
       
    3. if the oral or written information referred to in these sections is in the public forum.

RIGHT TO WITHDRAW

15. A party may withdraw from collaborative negotiations at any time.

TERMINATION OF COLLABORATIVE NEGOTIATIONS

16. Collaborative negotiations are terminated when any of the following occurs:
    
    
    1. the expiration of:
       
       
       1. 30 days, or
          
          
       2. in the case of collaborative negotiations in the circumstances described in subparagraph 7(c) of the Chapter, 120 days after the first scheduled negotiation meeting, or any longer period agreed to by the parties in writing;
          
          
    2. a party directly engaged in the disagreement withdraws from the collaborative negotiations under section 15;
       
       
    3. the parties agree in writing to terminate the collaborative negotiations; or
       
       
    4. the parties directly engaged in the disagreement sign a written agreement resolving the disagreement.