Appendix J-1
Collaborative Negotiations
Definitions
1.
In this Appendix:
a) "Chapter" means the Dispute Resolution Chapter of the Final Agreement;
b) "Party" means a participating Party to collaborative negotiations under this
Appendix; and
c) “Section" means a Section in this Appendix.
General
2.
Collaborative negotiations commence:
a) on the date of delivery of a written notice requiring the commencement of
collaborative negotiations; or
b) in the case of negotiations in the circumstances described in subparagraph 7(c) of
the Chapter, on the date of the first negotiation meeting.
Notice
3.
A notice under paragraph 15 of the Chapter requiring the commencement of collaborative
negotiations will include the following:
a) the names of the Parties directly engaged in the Disagreement;
b) a brief summary of the particulars of the Disagreement;
c) a description of the efforts made to date to resolve the Disagreement;
d) the names of the individuals involved in those efforts; and
e) any other information that will help the Parties.
Representation
4.
A Party may attend collaborative negotiations with or without legal counsel.
5.
At the commencement of the first negotiation meeting, each Party will advise the other
Parties of any limitations on the authority of its representatives.
Negotiation Process
6.
The Parties will convene their first negotiation meeting in collaborative negotiations,
other than those described in subparagraph 7(c) of the Chapter, within 21 days after the
commencement of the collaborative negotiations.
7.
Before the first scheduled negotiation meeting, the Parties will discuss and attempt to
reach agreement on any procedural issues that will facilitate the collaborative
negotiations, including the requirements of paragraph 26 of the Chapter.
8.
For purposes of subparagraph 26(a) of the Chapter, "timely disclosure" means disclosure
made within 15 days after a request for disclosure by a Party.
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