9.
The Parties will make a serious attempt to resolve the Disagreement by
a) identifying underlying interests;
b) isolating points of agreement and Disagreement;
c) exploring alternative solutions;
d) considering compromises or accommodations; and
e) taking any other measures that will assist in resolution of the Disagreement.
10.
No transcript or recording will be kept of collaborative negotiations, but this does not
prevent a person from keeping notes of the negotiations.
Confidentiality
11.
In order to assist in the resolution of a Disagreement, collaborative negotiations will not
be open to the public.
12.
The Parties, and all persons, will keep confidential:
a) all oral and written information disclosed in the collaborative negotiations; and
b) the fact that this information has been disclosed.
13.
The Parties will not rely on or introduce as evidence in any proceeding, whether or not
that proceeding relates to the subject matter of the collaborative negotiations, any oral or
written information disclosed in or arising from the collaborative negotiations, including:
a) any documents of other Parties produced in the course of the collaborative
negotiations that are not otherwise produced or producible in that proceeding;
b) any views expressed, or suggestions made, by any Party in respect of a possible
settlement of the Disagreement;
c) any admissions made by any Party in the course of the collaborative negotiations,
unless otherwise stipulated by the admitting Party; and
d) the fact that any Party has indicated a willingness to make or accept a proposal for
settlement.
14.
Sections 12 and 13 do not apply:
a) in any proceeding for the enforcement or setting aside of an agreement resolving
the Disagreement that was the subject of the collaborative negotiation;
b) if the adjudicator in any proceeding determines that the interests of the public or
the administration of justice outweigh the need for confidentiality; or
c) if the oral or written information referred to in these Sections is in the public
forum.
Right to Withdraw
15.
A Party may withdraw from collaborative negotiations at any time.
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