Owner: Conduct Committee
Originally Board Approved: March 22, 2017
Last Revised: November 18, 2020
Last Reviewed: December 14, 2020
The purpose is to outline the process for Alternate Dispute Resolution (ADR) in resolving disputes. The dispute may result from a variety of factors — not necessarily a conduct violation. Complaints related to conduct should follow the Discipline and Complaints Policy.
MODS encourages allindividuals to communicate openly, collaborate, and use problem-solving and negotiation techniques to resolve their differences. MODS believes that negotiated settlements are usually preferable to outcomes resolved through other dispute resolution techniques. Negotiated resolutions to disputes with and among Individuals are strongly encouraged.
The following term has this meaning in this Policy:
This Policy applies to all Individuals.
Opportunities for ADR may be pursued at any point in a dispute when all parties to the dispute agree that such a course of action would be mutually beneficial.
4.1 Any Individual may file a dispute with MODS’ Conduct Committee. The dispute must be in writing,signed, and must be filed within fourteen days of the alleged incident or decision. Anonymous disputes may be accepted at the sole discretion of MODS.
4.2 A dispute filed outside of the fourteen-day period must provide a written statement giving reasons for an exemption to this limitation. The decision to accept, or not accept, the dispute outside of the fourteen-day period will be at the sole discretion of MODS. This decision may not be appealed.
5.1If all parties to a dispute agree to ADR, a mediator or facilitator, acceptable to all parties, shall be appointed to mediate or facilitate the dispute. In many instances this could be a MODS staff member.
5.2The mediator or facilitator shall decide the format under which the dispute shall be mediated orfacilitated and shall specify a deadline before which the parties must reach a negotiated decision.
5.3Should a negotiated decision be reached, the decision shall be reported to, and approved by MODS. Any actions that are to take place as a result of the decision shall be enacted on the timelines specified by the negotiated decision, pending MODS’ approval.
5.4Should a negotiated decision not be reached by the deadline specified by the mediator or facilitator at the start of the process, or if the parties to the dispute do not agree to ADR, the dispute shall be considered under the appropriate section of MODS will appoint a Case Manager to oversee management and administration of the complaint according to the Discipline and Complaints Policy.
5.5The costs of mediation and facilitation will be shared equally by the parties.
6.1 Any negotiated decision will be binding. Negotiated decisions may not be appealed.
6.2 No action or legal proceeding will be commenced against MODS or its Individuals with respect to a dispute, unless MODS has refused or failed to provide or abide by the dispute resolution processes set out in its governing documents.