Element 10: Dispute Resolution
What/how
As noted in other sections of this summary, the AMA Agreement establishes ways to resolve future disputes about financial terms. Some of these processes are binding on the parties and some are not. As noted also, processes have been established for the situation where the parties cannot agree on a Physician Compensation Committee chair.
Finally, there may be instances where the parties disagree on interpretation and/or scope of the AMA Agreement. If such situations arise, the parties have agreed on a non-binding process (i.e., facilitation/mediation) to resolve the matter through the Management Committee and, as necessary, the Minister and President. Ultimately, if the parties cannot agree, each party is at liberty to pursue remedies through the courts.
You might ask
Q10.1 What is new in these provisions for dispute resolution?
- In past agreements, the AMA has had provisions for the resolution of disputes within the term of the agreement. What is new in the AMA Agreement is that some some aspects are evergreened, i.e., there is no term and the provisions simply continue.
Most importantly, for the payments for clinical services (SOMB, ARPs and the clinical component of AARPs) and the Physician Support Programs, the recognition of the AMA, continuance and binding arbitration on rates are evergreened and survive past the date of the initial financial term of March 31, 2018. This evergreening is a major change from past agreements.
For the Physician Assistance Programs, these are subject to negotiation and non-binding faciliation and mediation. Their continuance past March 31, 2018 is subject to the agreement of both parties, otherwise they will end.
AMA Agreement document reference
- Page 18, Schedule 5.
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