Common use of PRE-COMPLAINT PROCESS Clause in Contracts

PRE-COMPLAINT PROCESS. In general, all aggrieved parties, such as members, applicants, or any other interested parties, should attempt to resolve any problems or disputes with the other party on a one to one basis. The issues should be clearly stated and understood by both parties. If this process does not resolve the matter, the aggrieved party may request that the program provide an alternative dispute resolution (ADR) process such as mediation or facilitation to resolve the dispute. The program and the aggrieved party will jointly select the mediator or facilitator. Mediation is a candid, confidential, non-binding process. Mediation can be attempted either before or after a written grievance is filed. The member must select this option within 45 calendar days of the date of the alleged occurrence. If ADR is instituted, the process must be aided by a neutral party who, with respect to an issue of controversy, functions specifically to aid the parties in resolving the matter through a mutually achieved and acceptable written agreement. Proceedings before the neutral party must be informal and the rules of evidence will not apply. Any decision by the neutral party is advisory and not binding unless both parties agree. At the initial session of the ADR proceedings, the party must be advised in writing of the right to file a grievance and the right to arbitration. If the matter is resolved and a written agreement is reached, the party will agree to forego filing a grievance in the matter under consideration. If mediation is used and the matter is not resolved within 30 calendar days from the date the mediation process began, the neutral party mediating the process must again notify the aggrieved party of her/his right to file a formal complaint. The neutral party, however, may not participate in the formal complaint process. In addition, no discussions of the pre-complaint process can be referred to or introduced into evidence in the formal complaint process including the arbitration hearing.