Proposed By-Law Change for Alternative Dispute Resolution
Proposed Alternative Dispute Resolution – addition to GCCEA By-Laws
Section 1.16. Alternative Dispute Resolution (ADR)
Any and all disputes, claims or controversies arising from or related in any way to the Cooperative’s provision of electricity or other services, or in its furnishing of any goods, or in the conduct of its operations, other than disputes or claims relating to the payment for electrical energy provided by the Cooperative, that are not resolved by agreement of the parties through negotiation shall first be submitted to mediation, and that engaging in such mediation is a condition precedent to bringing any claim against the Cooperative. Such mediation may be initiated by either party by providing a written demand for mediation to the other party. Mediation shall be conducted within Goodhue County, Minnesota, or at such other place as agreed by the parties. The cost of the mediation, the filing fees, and any other expenses in connection with the mediation shall be shared equally by the parties.
All such disputes, claims or controversies, that are not resolved by mediation shall, at the written request of any party, be resolved by binding arbitration. All such disputes, claims or controversies between the parties must be arbitrated individually, and not through a Class Action.
In the event arbitration involves a sum in excess of $100,000.00, there shall be three (3) arbitrators, one picked by each party and a third selected by the two (2) arbitrators selected by the parties. In the event the dispute involves less than $100,000.00, there shall be one (1) arbitrator. If the parties cannot agree on an arbitrator, the determination shall be made by the Minnesota District Court in Goodhue County, Minnesota. The cost of the arbitrator(s), the filing fees, and any other expenses in connection with the arbitration shall be shared equally by the parties.
Arbitration shall take place in Goodhue County, Minnesota, or at such other place as agreed by the parties. The arbitration rules and procedures shall be determined pursuant to the Uniform Arbitration Act in Minnesota Statutes sections 572B.01-572B.31, or any successor provisions, and pursuant to any additional written procedures to be established from time to time by the Cooperative’s Board of Directors. The determination of any dispute in arbitration shall be governed by the laws of the State of Minnesota.
Each member of the Cooperative, by virtue of their membership, agrees to arbitrate any and all claims or controversies according to these Bylaws and the regulations and policies prescribed by the Board of Directors. This agreement to arbitrate disputes shall survive any withdrawal from or termination of a Member’s membership in the Cooperative.