THE PROCESS
1. Call TCA - John Mollenhauer to discuss your issue, or Evelyn Kilcullen to request a copy of TCA’s Blue Book - "Arbitration and Mediation Guidelines".
NOTE: Each party to the dispute MUST review the Blue Book before proceeding.
2. After reading the Blue Book, the parties (if they agree to proceed with an ADR process to resolve their dispute) should complete the following:
(a) Each party to supply a one-page summary of the dispute, providing information and details from their perspective.
(b) Agree on the number of mediators or arbitrators to handle the case (Normally in mediation there is only one (1) mediator, while arbitration can be one (1) or sometimes a tribunal - three (3) arbitrators). This may require the parties to visit the TCA office (individually or collectively) to review TCA’s listing (complete with dossiers) of all arbitrators and mediators. The parties will select and rank ten (10) preferred arbitrators/mediators. The ranked list is to be submitted via fax to TCA by each party. TCA will then proceed to match and confirm availability of arbitrator(s) or mediator(s).
(c) Complete and sign the Arbitration or Mediation Agreement (attached)
(d) Attach a Certified cheque in the correct amount (see attached fee schedule)
(e) Send (mail, courier or deliver in person) this material to the TCA office.
NOTE: No action will be taken by TCA until this material is received from both parties.
3. While all of this is happening, each party should be assembling and preparing their files and background materials (drawings, sketches, specifications, files, list, notebooks, photos, etc.) for the mediation/arbitration.
4. Upon receipt of the ranked selections, TCA will compile and approach the arbitrator(s) or mediator as per their ranking. - (see pages 4 and 5 of the Blue Book for exact procedure). In approaching the arbitrator or mediator, TCA is checking their availability, willingness to accept the case and potential conflicts of interest (if any).
5. Notice of the selection(s) of either arbitrator or mediator will be issued by TCA within the designated time periods.
6. A hearing date will then be established by TCA. Usually, this will take place in the TCA offices. TCA will attempt to ensure the availability of the parties, given the reasonableness of the parties; however, TCA reserves the right to establish the date should there be an unco-operative or unreasonable party(s).
7. With regard to documentation, witnesses, evidence, representation, proceedings and the rendering of a decision, please consult the Blue Book.
8. Be prepared for your hearing and ensure that all your documentation is ready and available. Generally speaking, those cases which have a higher success rate are those where the paper trail is complete and well documented.
9. The decision of the mediator or arbitrator will be made verbally and in writing (see page 8 of the Guide concerning decisions and enforcement).
10. All file material will be retained by TCA, maintaining complete confidentiality.
11. Good Luck.
Contact:
John Mollenhauer, TCA 416-499-4000 Ext. 16
Evelyn Kilcullen, TCA 416-499-4000 Ex. 18
Stew Ferguson, COCA 416-968-7200
Attachments (.pdf format)
