KOOTENAY SWIM CLUB

Alternative Dispute Resolution (ADR) Policy

1. Purpose

KSC supports the use of Alternative Dispute Resolution (ADR), including negotiation, facilitation and mediation, to resolve suitable disputes in a timely, constructive and proportionate way.

2. Principles

• Participants are encouraged to communicate openly, respectfully and in good faith.
• A negotiated resolution is often preferable to a lengthy formal complaint or appeal where safety and power dynamics permit.
• Participation in mediation or facilitation is voluntary unless all affected Parties agree otherwise.
• ADR will not be used to pressure a person to privately resolve allegations where a formal safeguarding, legal or disciplinary process is more appropriate.

3. Application

This Policy applies to KSC Participants. ADR may be proposed at any stage of a complaint or appeal when the Case Manager, Appeal Manager or Parties consider it appropriate.

4. Appointment of Mediator or Facilitator

If the Parties agree to ADR, KSC will appoint or assist the Parties in selecting an impartial mediator or facilitator acceptable to the Parties. The mediator/facilitator will determine the process in consultation with the Parties and may set reasonable timelines.

5. Resolution

Any settlement must be recorded in writing and, where the dispute arises under a KSC policy, submitted to KSC for approval to ensure that the terms are lawful, consistent with Club obligations and capable of implementation.

6. If ADR Does Not Resolve the Dispute

If the Parties do not agree to ADR or no resolution is reached within the established timeline, the matter will continue under the applicable Discipline and Complaints Policy, Appeals Policy or other governing process.

7. Confidentiality

ADR discussions are confidential to the extent permitted by law and the terms established for the process. Information about imminent safety risks, child protection concerns, criminal conduct or other matters that must be reported is not protected from necessary disclosure.

8. Final and Binding

A written settlement approved by KSC is binding on the Parties and may not be appealed, except to the extent required by law.

9. Costs

Unless KSC decides otherwise, mediation or facilitation costs will be allocated as agreed by the Parties before the process begins.