ABVS - Mediation Procedures and Implementation

June 2013

 
  1. Mediation is defined as "friendly intervention, usually by consent or invitation, between conflicting parties to promote reconciliation, settlement, or compromise." When a dispute between a candidate/applicant for specialty certification and an RVSO remains unresolved after full use of the appeal procedure established by the RVSO, either party may request that the AVMA ABVS host a mediation process by contacting the AVMA ABVS staff consultant.

    A. The ABVS Executive Committee (EC) will review the request for facilitation, adhering to the principle that relationships between candidates/applicants and RVSOs must be fair and reasonable. The EC will determine whether, in the EC’s judgment, the dispute is worthy of further discussion in mediation, according to the following guidelines:

    1. The complaint is germane to established criteria in the policies of the ABVS, and

    2. Either party disregarded established criteria for certification or approval, or

    3. Either party failed to follow stated procedures, or

    4. Either party failed to consider relevant evidence and documentation presented in the initial appeal of the adverse decision or the response to that appeal.

    The members of the EC will, after review of pertinent information, determine whether the facilitation request meets the above criteria.

    B. The mediation shall be conducted by a professional mediator, selected by mutual agreement between the parties with the assistance of AVMA ABVS staff. The mediation shall take place at AVMA Headquarters in Schaumburg, Illinois.

    C. The procedures to be used for mediation shall be at the discretion of the professional mediator.

    D. Each party will pay its own expenses. All other mediation costs, including the costs of the professional mediator, shall be split equally between the parties and paid in advance. Final financial obligations may be determined by mediation but will not obligate the AVMA ABVS.

    E. In the event the AVMA ABVS agrees to host a mediation, both parties must be willing to execute an unconditional waiver and release of all liability and claims against the AVMA and ABVS in order for AVMA ABVS to facilitate the mediation.