1. The following term has this meaning in this Policy:

  1. Athlete” – An individual who is an Athlete Participant in Basketball Manitoba

  2. Participants” – Refers to all categories of individual members and/or registrants defined in the By-laws of Basketball Manitoba who are subject to the policies of Basketball Manitoba, as well as all people employed by, contracted by, or engaged in activities with the Basketball Manitoba including, but not limited to, employees, contractors, athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, and Directors/ Board Members and Officers


  1. Basketball Manitoba supports the principles of Alternative Dispute    

Resolution (ADR) and is committed to the techniques of negotiation, facilitation, and mediation as effective ways to resolve disputes. Alternative Dispute Resolution also avoids the uncertainty, costs, and other negative effects associated with lengthy appeals or complaints, or with litigation.

  1. Basketball Manitoba encourages all Participants to communicate openly,         

collaborate, and use problem-solving and negotiation techniques to resolve their differences. Basketball Manitoba believes that negotiated settlements are usually preferable to outcomes resolved through other dispute resolution techniques. Negotiated resolutions to disputes with and among Participants are strongly encouraged.

Application of this Policy

4. This Policy applies to all Participants.

5. Opportunities for Alternative Dispute Resolution may be pursued at any point in a dispute when all parties to the dispute agree that such a course of action would be mutually beneficial.

Facilitation and Mediation

6. The dispute will first be referred to Basketball Manitoba’s 

    President (or designate) for review, with the objective of resolving the dispute      

    via Alternative Dispute Resolution and/or mediation.

7. If all parties to a dispute agree to Alternative Dispute Resolution, a mediator or facilitator, acceptable to all parties, shall be appointed to mediate or facilitate the dispute.

8. The mediator or facilitator shall decide the format under which the dispute shall be mediated or facilitated and shall specify a deadline before which the parties must reach a negotiated decision.

9. Should a negotiated decision be reached, the decision shall be reported to, and approved by, Basketball Manitoba. Any actions that are to take place as a result of the decision shall be enacted on the timelines specified by the negotiated decision, pending Basketball Manitoba’s approval.

10. Should a negotiated decision not be reached by the deadline specified by the mediator or facilitator at the start of the process, or if the parties to the dispute do not agree to Alternative Dispute Resolution, the dispute shall be considered under the appropriate section of Basketball Manitoba’s Discipline and Complaints Policy.

Final and Binding

11. Any negotiated decision will be binding on the parties. Negotiated decisions may not be appealed.

PSO Board of Directors Approval Date: 

Monday, November 28, 2022

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