Section 15 - Dispute resolution procedure
15. Dispute resolution procedure
CADA-ON provides resources to members to support dispute resolution through Professional Development workshops, electronic and print literature, staff consultation and referral to mediation. Staff consultation is limited to listening to a complaint, referral to resources, and if required, steps outlined in 15.3-2. Resources include referral to mediation when the dispute is related to Agreements based on the PSD. CADA-ON will maintain a roster of recommended external and independent mediators available to its members and/or a relationship with providers of pro bono services.
Members are encouraged to first attempt to resolve disputes themselves by the suggested process.
Complainants are encouraged to engage the respondent in communication which:
- Identifies and explains the problem to the respondent, including the desired outcome to solve the problem; and
- Provides an opportunity to the respondent to provide her/his perspective of the problem including a proposed solution.
- When a complainant and respondent can engage in a such a conversation, this may resolve the matter informally and effectively.
- Should an acceptable solution not be agreed upon, mediation may be a course taken by the complainant.
- The complainant, however, should never feel obliged to approach a respondent if addressing the respondent could lead to an escalation of the dispute to an unwanted outcome. In such cases, mediation may also be a course taken by the complainant.
1. If a dispute cannot be resolved by steps taken in 15.1, members may seek mediation by contacting CADA-ON for a list of recommended, independent mediators available through pro bono services. The number of mediators on such a roster may number one to several. CADA-ON cannot guarantee access to mediators outside of Toronto and members residing outside Toronto may be required that he/she and the respondent travel to Toronto for mediation.
2. Such a request must take place within three months of a specific incident, or most recent specific incident, in the dispute.
1. When the complainant contacts CADA-ON for mediation, CADA-ON will:
- Discuss attempts at Early Resolution and their outcomes;
- Assess whether the dispute is related to the PSD.
- If the dispute is related to the PSD, provide information on the nature of mediation and what to expect.
- Provide information on pro bono services available from CADA-ON for mediation if the member elects to use the CADA-ON Mediation Roster.
- Provide information including contact information on available mediators recommended by CADA-ON.
2. Should the complainant agree to a mediator on the CADA-ON roster, the complainant will be responsible for contacting the mediator. The mediator will provide the complainant with information on the mediation process and mediation protocol.
3. If resolution is achieved, the mediator will provide CADA-ON with a copy of the written agreement to be filed in the member files of the respective complainant and respondent.
4. If resolution is not achieved, the parties may seek other remedies.
CADA-ON will make available to its members the contact information of CADA-ONs legal counsel, Artist’s Legal Advice Services and other resource information if available to assist the member.