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The Laws Site

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Search Canada's consolidated statutes and=20 regulations

Resolving=20 disputes - think about your options

Introduction=20
Conflict=20
What=20 is "dispute resolution"?=20
Negotiation=20
Mediation=20
Arbitration=20
Wh= en=20 should you consider DR?=20
How=20 do you convince the person you disagree with to participate?=20
Thinking=20 about your dispute resolution options?=20
Where=20 can you get more information?

Published by authority of the Minister of Justice
and Attorney = General of=20 Canada
Government of Canada

Communications and Executive Services Branch
Department of Justice = Canada
Ottawa, Ontario
K1A 0H8
Tel.: (613) 957-4222
Fax: = (613)=20 954-0811

=A9 Her Majesty the Queen in Right of Canada, 1998
as represented = by the=20 Minister of Justice

Catalogue No. J2-152/1998E
ISBN 0-662-27183-1

Printed in Canada

Aussi disponible en = fran=E7ais
Les choix qui s'offrent =E0 vous pour r=E9gler = des=20 diff=E9rends

T= op of=20 Page

Introduction

The purpose of this pamphlet is to provide you with information to = help you=20 think of different ways of resolving your disputes without going to = court. You=20 will learn about some different dispute resolution options and how to = find=20 people who offer services in the field. You can use this information to = find a=20 process that best meets your needs.

T= op of=20 Page

Conflict

Conflict is a fact of life. We face problems and disagreements all = the time:=20 at home, on the job, and in our neighbourhoods. Not all these disputes = are=20 serious, and we may choose to ignore some without any consequences. = However,=20 some are more serious and cannot be ignored. If they are not dealt with, = they=20 may become worse and take time and money to resolve.

Going to court is one way of settling a dispute. However, it can be = costly=20 and time consuming. Moreover, it is not always a satisfying process for = the=20 parties involved. More and more, people are looking outside the = courtroom for=20 quicker and potentially less costly alternatives for resolving disputes. = This=20 pamphlet outlines some of these options.

T= op of=20 Page

What is = "Dispute=20 Resolution"?

"Dispute Resolution" (DR) is the term used to describe a variety of = ways of=20 dealing with disputes, including the option of going to court.

"Alternative Dispute Resolution (ADR)," a term you may have heard = before,=20 refers to resolving disputes in ways other than going to court. This = pamphlet=20 uses the term DR rather than ADR to remind you that there is a broader = range of=20 dispute resolution options.

People get involved in many types of disputes. With the variety of DR = options=20 available, you can choose the best method for dealing with your = particular=20 situation. You may choose one way to deal with a child custody dispute = whereas=20 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=20 court:

negotiation=20
mediation=20
arbitration

These methods are described in this pamphlet and each involves a = process.=20 Although the formal court process is not discussed in here, it too is an = option.=20 In fact, sometimes the court will be the necessary route to follow. = Remember=20 that you may often be able to deal with your problem informally through=20 discussions. Working together, you can try to reach an agreement that = will suit=20 you both.

Dispute resolution covers a range of choices, from = negotiating a=20 solution to going to court.

Each option should be viewed as a distinct process, but each can be = used=20 alone or in combination. For example, in a process combining mediation = and=20 arbitration (called "Med-Arb"), if the dispute is not settled through = mediation=20 it proceeds directly to arbitration. These processes offer choices for = resolving=20 your disputes.

In assessing which process may be appropriate for your dispute it is=20 important to keep certain things in mind. For instance, where one side = has power=20 over the other or where one party feels intimidated or frightened it may = not be=20 possible to resolve disputes fairly through processes such as = negotiation or=20 mediation. Barriers arising out of gender or cultural differences may = also make=20 it difficult for the parties to resolve the issues themselves.

If you have any concerns about the dispute resolution method that is=20 appropriate for you, talk to someone who knows the field. They can help = you=20 choose the process that is best for you.

T= op of=20 Page

Negotiation

People who disagree can often get together to discuss the problem and = reach a=20 mutual agreement. When people sort out a problem themselves, they can = work out a=20 solution that best meets their own needs and interests.

Solving disputes through negotiation is a part of everyday life. For=20 instance, in a situation where your teenager asks you for the car keys, = after=20 some discussion you reach an agreement on conditions for using the car = and when=20 to return home. This is an example of negotiation.

Effective negotiation skills and methods can be learned. You can read = books=20 or take courses to improve your negotiating technique. In some cases, = you may=20 also prefer to hire a lawyer, advocate, or counsellor who has the = expertise to=20 help you to negotiate or who can negotiate on your behalf.

T= op of=20 Page

Mediation

People involved in a dispute can ask a mediator, an unbiased and = impartial=20 person, to assist them in their negotiations. Where negotiation has not = been=20 successful, the mediator can often help to ease tension and encourage = discussion=20 between the parties. The mediator can help the parties themselves find a = solution that can often result in a "win-win" situation, where everyone = is=20 satisfied with the result. Participation in mediation may or may not be=20 voluntary. For example, some courts require that certain cases be = referred to=20 mediation before a trial can be scheduled. Either way, the mediator = cannot force=20 you to settle the dispute or to accept a particular solution.

A common reason for choosing mediation is that the mediator helps the = parties=20 reach an outcome that satisfies them rather than one aimed at proving = right and=20 wrong. Through mediation, parties are able to work together to reach a = solution=20 which can be more creative than that which a court would impose. Courts = are=20 somewhat limited in the remedies that they can provide to resolve = disputes.

The cost of mediation is usually shared between the parties. In most = cases it=20 is not necessary for lawyers to be present during the mediation = process.

Situations that lend themselves well to mediation are certain family=20 disputes, business disagreements, contract disputes, insurance claims, = as well=20 as employment and environmental issues, to name a few.

If gender or cultural differences are making it difficult to resolve = issues=20 or conflicts or if there is such a clear inequality in bargaining power = so as to=20 make you question whether you could resolve your issues through = mediation, talk=20 to someone about your concerns. Choose the process that is best for you. = The=20 section in this pamphlet entitled "Where to Get More Information" can = help to=20 put you in touch with people who can help you make this choice.

T= op of=20 Page

Arbitration

When people in a dispute cannot resolve the dispute themselves, = either=20 through face-to-face negotiation or with the assistance of a mediator, = they can=20 agree to refer the matter to arbitration. In arbitration, a neutral = person or=20 panel of people hears the facts and issues and makes a decision. = Arbitrators are=20 often people who are experts in a specific area of the law or a = particular=20 industry, especially in cases where the decision-maker needs to be = knowledgeable=20 about a particular subject matter or business practice.

The arbitrator or panel is usually chosen by the parties together. If = they=20 can't agree they can have an acceptable person or organization choose = the=20 arbitrator for them. Otherwise, each can choose an arbitrator, and the = two=20 arbitrators will then choose a third to make a panel of three. In some = instances=20 parties may prefer to have their matter heard before a panel.

Arbitration tends to be less formal and quicker than going to court. = The=20 parties can agree in advance on the ground rules for the arbitration (as = opposed=20 to court procedures which are fixed). One or both parties may have a=20 representative speak for them at the arbitration hearing or they may = speak for=20 themselves.

The arbitrator then makes a decision based on the facts, any contract = between=20 the people, and the applicable laws. The arbitrator will explain how the = decision was reached. If the applicable law allows, you can decide = yourself in=20 advance whether the arbitrator's decision will be final and binding or = whether=20 it should be subject to review by a court if a party disagrees with the=20 decision.

The arbitrator may also make a decision on costs. Depending on how = complex=20 the case is and how long it takes to resolve, arbitration usually costs = less=20 than going to trial.

T= op of=20 Page

When Should You Consider DR?

The sooner, the better.

As time goes by, it may become harder to agree on a solution that = satisfies=20 everyone. Each side will become convinced they are "right" and the other = side is=20 "wrong."

Your lawyer, if you have one, may suggest you try mediation before = going to=20 court. Or, you may be advised that it would be cheaper and faster to = have the=20 dispute go to arbitration. The fact is that most court actions settle = before=20 trial. Using DR methods early can save both the time and money involved = in=20 taking a dispute to court.

Even if you're already in court or have begun the process of going to = court,=20 you can still use other DR options. In fact, many courts have = established=20 dispute resolution programs that require parties to participate in some = other=20 form of DR prior to proceeding with their court action. The court office = or your=20 lawyer should be able to inform you of any such program in your = community.

T= op of=20 Page

How Do You Convince the = Person You=20 Disagree With to Participate?

Not everyone will immediately agree to participate in a mediation or = other DR=20 process. They may need more information about how the process works and = whether=20 it meets their needs. They may also need some time to realize the cost = and time=20 involved in taking the dispute to court.

Emotions are often highly charged. People may be angry or so intent = on=20 proving the other "wrong" that nothing other than having their day in = court will=20 appeal to them. Sometimes, merely waiting a few days or weeks can make a = difference and parties may be more willing to discuss the options more = calmly=20 and openly.

If you need help to contact the other party to explain the advantages = of=20 using other DR options, consider consulting a third party who is trained = to act=20 as an impartial outsider to assist you. He or she can make a = presentation on the=20 benefits of DR and answer any questions about the processes (see Where = Can You=20 Get More Information?).

Don't be discouraged. Even if the other party insists on going to = court,=20 remember that DR processes can be used at any time - even after a = lawsuit has=20 been filed.

T= op of=20 Page

Thinking About Your Dispute = Resolution=20 Options

The following list indicates some advantages of using certain DR = processes=20 described in this pamphlet:

Flexibility

There is much more room for creativity when you resolve your = dispute=20 yourself or with the help of a third party. You can work together to = arrive at=20 a solution that meets the needs of all parties.=20

Control

You will have more control over both the process and the outcome.=20

Personal Satisfaction

You are more likely to be satisfied with both the process and = outcome=20 because you chose the DR process and played a more active role in = resolving=20 your dispute and designing a solution that is best for you.=20

Lower Costs/Less Time

DR processes may save you both time and money. They are generally = faster=20 and less complex than proceeding through the court system, and that = can mean a=20 savings in legal fees and court costs.=20

Confidentiality

Dispute resolution process and results can, in general, be kept=20 confidential. (There are certain circumstances where the law does = require=20 disclosure of information though, such as the "duty to report" = suspected or=20 confirmed child abuse required by the Child and Family Services = Act=20 in each province and territory.)=20

Getting at the Root of the Problem

Many disputes are the result of underlying problems. DR processes = can get=20 at the issues which contributed to creating the dispute. At the same = time,=20 they work towards a solution that is satisfactory for everyone = involved.=20

Maintaining relationships

Disputes often involve parties who have a working or family = relationship=20 and will need to continue to live or work together after the dispute = is=20 resolved. These DR methods encourage people to work together at = resolving the=20 disagreement which often results in improved relationships and perhaps = in=20 fewer new disputes.=20

Agreements that last

Parties are more likely to comply with an agreement that they = helped=20 design rather than one that was imposed on them.

When Should Disputes Be Left to the Courts to decide:

The issue of violence itself is not mediable. The courts may = provide=20 better protection for parties who have been the victim of violence or = threats=20 of violence. Further, where a power imbalance between the parties is = so=20 pronounced that it cannot be properly managed, even by an experienced=20 mediator, the courts may be better equipped to handle the matter.=20
DR processes are generally confidential and therefore are not = appropriate=20 if one of the parties wants the issue to be publicized or wants the = outcome to=20 be seen as an example for other similar disputes.=20
Where there is a need to establish precedent, where the outcome of = the=20 case could affect a great number of people or where a definite and = broadly=20 applicable solution is required, the court would be the appropriate = forum to=20 resolve the dispute.

T= op of=20 Page

Where Can You Get More=20 Information?

Lawyers, social workers, psychologists and other professionals = trained and=20 experienced in DR can all provide DR services. When choosing a DR = professional,=20 look for someone whose skills and training seem most relevant to your = situation.=20 Ask for references and speak to others who have used that individual's = or=20 organization's services.

To Find a DR professional:

Check your library for further information.=20
Look in the yellow pages of your telephone book for professionals = listed=20 under "mediation" or "family mediation" or professionals listed under=20 "arbitration" or "arbitration/mediation."=20
For additional information on DR options check with your "lawyer = referral=20 service," the provincial law society, the Canadian Bar Association or = a legal=20 aid organization.=20
Ask your lawyer or other adviser for a referral to a mediator or=20 arbitrator.=20
Contact your provincial public legal education and information=20 organization (see the addresses at the end of this pamphlet). =

When selecting a neutral person you should consider the following=20 questions:

Was this person recommended to you by a reliable source?=20
Have they received mediation or other DR training from an = established and=20 reputable centre?=20
Do they have appropriate knowledge for your type of conflict or = problem?=20
Did they ask you questions to determine whether the process you = have=20 chosen (e.g., mediation) is appropriate for your situation and whether = they=20 are best suited to handle the case?=20
Did they carefully explain what mediation or other DR processes = are and=20 how they differ from counselling or legal services? Did they ensure = that you=20 understand the difference?=20
Did they discuss with you about other methods you have tried or = considered=20 trying in order to resolve the conflict?=20
Do you feel confident that they will be able to remain impartial = and not=20 favour one party over the other?

These are only a sampling of the kinds of questions that you may want = to=20 consider. You may also want to talk to others who have used the services = of a=20 dispute resolution professional. They may be able to offer you insight = into both=20 the process they chose and the person they selected to assist them.

For more information contact:

Newfoundland
Public Legal Information of=20 Newfoundland
P.O. Box 1064, Station "C"
215 Water Street, 5th = Floor,=20 Atlantic Building
St. John's, Newfoundland A1C 5M5
Phone: (709)=20 722-2643
Fax: (709) 722-8902
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

Prince Edward Island
Community Legal Information=20 Association of
Prince Edward Island
1st Floor - Sullivan = Building
16=20 Fitzroy Street
Charlottetown, Prince Edward Island C1A 7M8
Phone: = (1-800)=20 246-9798 toll free in province
(902) 892-0853
Fax: (902)=20 368-4096
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

Nova Scotia
Public Legal Education Society of = Nova=20 Scotia
911-6080 Young Street, Halifax, Nova Scotia B3K 5L2
Phone: = (902)=20 454-2198
Fax: (902) 455-3105
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

New Brunswick
Public Legal Education and=20 Information
Service of New Brunswick
P.O. Box 6000, Fredericton, = New=20 Brunswick E3B 5H1
Phone: (506) 453-5369
Fax: (506) = 457-7899
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

Quebec
Direction = des=20 communications
Minist=E8re de = la=20 justice
1200, route de = l'=C9glise,=20 Sainte-Foy (Qu=E9bec) G1V 4M1
Phone: (418) 644-3947
e-mail: = <= SPAN=20 lang=3Dfr = xml:lang=3D"fr">communications.justice@justice.gouv.qc.ca

Ontario
Community Legal Education Ontario
119 = Spadina=20 Street - Suite 600, Toronto, Ontario M5V 2L1
Phone: (416) = 408-4420
Fax:=20 (416) 408-4424
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

Manitoba
Community Legal Education Association=20 (Manitoba)
501-294 Portage Avenue, Winnipeg, Manitoba R3C = 0B9
Phone: (204)=20 943-2382
Fax: (204) 943-3600
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

Saskatchewan
Public Legal Education Association = of=20 Saskatchewan
115-701 Cynthia Street, Saskatoon, Saskatchewan S7L=20 6B7
Phone: (306) 653-1868
Fax: (306) 653-1869
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

Information for Saskatchewan can also be obtained at the following=20 address:
Mediation Services Branch
Saskatchewan Justice
3085 = Albert=20 St., Room 323
Regina, Saskatchewan
S4P 3V7
Phone: (306)=20 787-5747
Fax: (306) 787-0088
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

Alberta
Public Legal Education Network of = Alberta
c/o=20 Legal Resource Centre
University of Alberta Extension
10049-81 = Avenue,=20 Edmonton, Alberta T6E 1W7
Phone: (403) 492-5732
Fax: (402)=20 265-2458
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

British Columbia
The People's Law = School
150-900 Howe=20 Street, Vancouver, British Columbia V6Z 2M4
Phone: (604) = 331-5400
Fax:=20 (604) 331-5401
e-mail: h= ttp://www.justice.gc.ca/eng/dept-min/pub/dr-rd/index.html#top

Northwest Territories
Legal Services = Board
P.O. Box=20 1320, Yellowknife, Northwest Territories X1A 2L9
Phone: (403)=20 873-7450
Fax: (403) 873-5320

Yukon
Yukon Public Legal Education = Association
c/o=20 Yukon College
P.O. Box 2799, Whitehorse, Yukon Y1A 5K4
Phone: = (403)=20 667-4305
Fax: (403) 668-5541

Date=20 Modified: 2008-12-12

=
Top of Page

Important = Notices=20

Common menu bar links

Institutional links

The=20 Department

Newsroom

News=20 Releases=20
Judicia= l=20 Appointments=20
Speeche= s=20

Resources

Key=20 Publications=20
Browse by Subject=20
Site Map=20
Helpful = Links=20

Resources

Proactive Disclosure

Resolving=20 disputes - think about your options

Table of Contents

Introduction

Conflict

What is = "Dispute=20 Resolution"?

Negotiation

Mediation

Arbitration

When Should You Consider DR?

How Do You Convince the = Person You=20 Disagree With to Participate?

Thinking About Your Dispute = Resolution=20 Options

Flexibility

Control

Personal Satisfaction

Lower Costs/Less Time

Confidentiality

Getting at the Root of the Problem

Maintaining relationships

Agreements that last

When Should Disputes Be Left to the Courts to decide:

Where Can You Get More=20 Information?

For more information contact:

Common menu bar links

Newsroom News=20 Releases=20 Judicia= l=20 Appointments=20 Speeche= s=20 Resources Key=20 Publications=20 Browse by Subject=20 Site Map=20 Helpful = Links=20

Resources

Proactive Disclosure

Table of Contents

Flexibility

Control

Personal Satisfaction

Lower Costs/Less Time

Confidentiality

Getting at the Root of the Problem

Maintaining relationships

Agreements that last

When Should Disputes Be Left to the Courts to decide:

For more information contact:

Newsroom

News=20 Releases=20
Judicia= l=20 Appointments=20
Speeche= s=20

Resources

Key=20 Publications=20
Browse by Subject=20
Site Map=20
Helpful = Links=20