What forms of alternative dispute resolution procedures do you feel could have been used to avoid the work stoppage? ottawa transit dispute

What is "Dispute Resolution"?

"Dispute Resolution" (DR) is the term used to describe a variety of ways of dealing with disputes, including the option of going to court.

"Alternative Dispute Resolution (ADR)," a term you may have heard before, refers to resolving disputes in ways other than going to court. This pamphlet uses the term DR rather than ADR to remind you that there is a broader range of dispute resolution options.

People get involved in many types of disputes. With the variety of DR options available, you can choose the best method for dealing with your particular situation. You may choose one way to deal with a child custody dispute whereas an employment problem or a dispute with your municipality might call for something different.

There are three commonly used methods of resolving disputes without going to court:

• negotiation
• mediation
• arbitration

These methods are described in this pamphlet and each involves a process. Although the formal court process is not discussed in here, it too is an option. In fact, sometimes the court will be the necessary route to follow. Remember that you may often be able to deal with your problem informally through discussions. Working together, you can try to reach an agreement that will suit you both.

Alternative Dispute Resolution (ADR) provides a confidential and alternative method of tackling legal disputes which avoids going to court. The most common types of ADR are conciliation and mediation, arbitration and adjudication.

Conciliation and mediation

These involve an independent trained mediator to facilitate communication between the two parties having the dispute, with the aim of achieving a settlement or resolution. In general, mediation refers to the facilitation of communication whereas conciliation refers to any evaluative methods such as the making of recommendations as to an outcome. Conciliation is generally used for employment situations rather than commercial disputes. Conciliation is a compulsory process before an individual wishes to bring a claim to the Employment Tribunal.

Arbitration

This is more formal than mediation, and involves a process in which the dispute is resolved by the decision of an arbitrator (a nominated third party who is qualified to handle arbitration). The arbitration process can be particularly useful in disputes which require an understanding of technical knowledge and where privacy is important (eg to avoid disclosure of commercially sensitive information) or if there is an international element (ie to avoid multiple legal jurisdictions). It runs as a tribunal process and decisions are binding. Many contracts will contain an arbitration clause, which requires arbitration to be used in the case of a dispute.

Adjudication

This form of ADR is generally reserved for disputes which arise out of construction contracts. It is a relatively formal process which involves: providing a written Notice of Adjudication which sets out the brief details of the dispute; appointment of an agreed adjudicator; serving a referral notice which sets out the dispute in detail by the aggrieved party; a response to this referral notice (essentially the defence); and finally a decision being reached by the adjudicator within 28 days of the referral notice. This decision is final and binding.