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Good Faith Negotiation

The flow chart below details the Negotiation and Mediation processes followed by the IESO in handling disputes that have not be resolved through the Arbitration process. All parties will be responsible for their share of the cost of mediation.

Good Faith Negotiation begins
Applicant serves Notice of Dispute on Respondant, and files the Notice, together with proof of service, with Secretary on Respondant.
Respondant serves a written Response on the Applicant and files a copy, with proof of service, with Secretary
Secretary assigns a mediator from Dispute Resolution Panel if satisfied that dispute is covered by dispute resolution rules or advises parties if dispute not so covered.
Mediator fixes cate, time and palce for mediation session.
Prior to mediation all parties file and sign confidentiality agreement
Mediation sessions
Termination of mediation on earlier of:
[a] date of execution of settlement agreement;
[b] date of written Notice of Termination of Mediation that further mediation will not resolve dispute
[c] 10 business days (or longer if agreed by all parties) from the date of the first mediation session
Mediator files with Secretary invoice of cost of mediation and supporting documentation
Arbitration process commences
Secretary provides copy of invoice to IESO
IESO submits an invoice to each party in respect of their share of the mediation costs
Each party pays the IESO the amoutn owing


 
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