Settlement Conference Terms and Conditions Agreement
|(Complainant)||(Representative of Complainant)|
|(Deputy Head's Delegate)||(Representative of Deputy Head)|
The parties and representatives named above are to take part in a settlement conference in an effort to resolve the issues raised in the staffing complaint no. _______________ filed with the Public Service Labour Relations and Employment Board (PSLREB).
They agree to the following terms and conditions:
PROCESS AND RESPONSIBILITIES OF THE PARTIES
- [Board member’s name] has been appointed to preside over the settlement conference.
- The Board member will assist the parties in assessing the merits of the complaint in order to reach a settlement that is satisfactory to them. The Board member will guide the parties through the process, allow them to discuss the issues of fact and law associated with the complaint, evaluate the legal basis on which they rely, assess the strengths and weaknesses of their case, find solutions and resolve the complaint.
- With a view to contributing to the parties' deliberations and helping them assess their position and resolve the complaint, the Board member may, on his or her own initiative or at the request of a party, provide input on any aspect of the case or suggest options that could be explored. Such input will be based on a brief review of the information known to the Board member at the time of the settlement conference, will in no way, be binding on either the parties or the Board, and will not be admissible as evidence in the event that the complaint proceeds to a hearing.
- The parties will act in good faith and communicate in an open, honest and respectful manner.
- The parties will come fully prepared to the settlement conference and be ready to make every effort to have a meaningful discussion aimed at resolving the complaint.
- The parties will have full authority to resolve the complaint, or have ready access to the person with the authority to approve a settlement.
- Settlement conference sessions take place with the complainant and the respondent present. However, the Board member may hold separate meetings (caucuses) with a party, either at the request of a party or at the Board member's discretion. As well, the parties may meet without the Board member.
- Any confidential information revealed to the Board member by one party during such a caucus may be disclosed only with the consent of that party.
- The Board member may decide at any time that it is appropriate to end the settlement conference.
CONFIDENTIALITY AND TERMS OF SETTLEMENT
- All information exchanged during the settlement conference will be disclosed on a without prejudice basis for the purposes of settlement negotiations. The information will be treated as confidential and cannot be admitted as evidence in any subsequent administrative or judicial proceeding brought by a party except when the same information can be obtained independently from other sources or when the information was provided by that party.
- The Board member will not disclose to anyone who was not present at the settlement conference anything said or submitted by the parties unless disclosure is required by law or there is a real or potential threat to human life or safety in not disclosing the information.
- The Board member may not be called as a witness in any subsequent judicial or administrative proceeding. All notes prepared or written by the Board member will not form part of the complaint file and will not be placed on any file that is under the control of the PSLREB. In order to ensure the confidentiality of the process, the Board member will destroy his or her notes at the end of the settlement conference.
- When a settlement is reached, the parties will draft and sign the terms of settlement. The terms of settlement are confidential and may not be disclosed without the parties' consent.
- The terms of settlement will not be placed on any complaint file. The PSLREB will simply be notified as to whether or not a settlement was reached.
- If no agreement is concluded during the settlement conference, the hearing will take place as scheduled.
|Name||Signature||Title and Organization|