The Alternative Dispute Resolution Institute of Alberta (ADRIA) is a non-profit organization with offices in Edmonton, Alberta, that provides Alternative Dispute Resolution (ADR) services to its members and the public. It was originally founded in 1982, encapsulated within the Alberta Arbitration and Mediation Society (AAMS), but the two organizations split in 2012 so that AAMS could continue to exist with charitable status, while ADRIA emerged and carried on the membership based non-profit work. ADRIA's mandate is to promote the use of ADR while offering education and training to individuals across Alberta and the Northwest Territories in negotiation, mediation, arbitration, and restorative practices. The organization has been used as a source for ADR information, resources and expertise in a range of both private and government matters. [1] [2] This now includes having a key role in the annual Conflict Resolution Day, hosted on the third Thursday of every October since 2007, which seeks to promote awareness for the utility of ADR practices. [3] [4] In 2013 ADRIA helped provide input for the review of the Condominium Property Act with regards to dispute resolution issues. [5]
ADRIA is one of the seven regional affiliates of the ADR Institute of Canada (ADRIC), which presides as the institutions' national body, founded on August 1, 2000, following the consolidation of the Arbitration and Mediation Institute of Canada (AMIC) and the Canadian Foundation for Dispute Resolution (CFDR). The regional affiliates that have a Memorandum of Understanding (MOU) with ADRIC are:
- ADR Institute of Alberta (ADRIA), first signed MOU in 1996, originally as Alberta Arbitration and Mediation Society.
- ADR Institute of British Columbia (ADR BC), first signed MOU in 1996, originally as British Columbia Arbitration and Mediation Institute.
- ADR Institute of Ontario (ADRIO), first signed MOU in 1996, originally as Arbitration and Mediation Institute of Ontario Inc.
- ADR Institute of Saskatchewan (ADR SK), first signed MOU in 1996, originally as Arbitration and Mediation Institute of Saskatchewan Inc.
- ADR Atlantic Institute (ADRAI), first signed MOU in 1996, originally as Atlantic Provinces Arbitration and Mediation Institute.
- ADR Institute of Manitoba (ADRIM), signed MOU in 2013.
- Institut de médiation et d'arbitrage du Québec (IMAQ), first signed MOU in 2013. [6]
In 2019 a new federation-wide MOU was signed between ADRIC and all its regional affiliates.
ADR use in Alberta
While ADR generally receives less use in Canada than in the US, its application has been steadily increasing since the 1970s. Specifically in the Albertan context, from 1970 to 2000 a number of organizations related some form of ADR were founded, such as the Native Counselling Services of Alberta (NCSA) in 1970, [7] the Alberta Arbitration and Mediation Society in 1982, Strathcona County Community Mediation Society (SCCM) in 1995, [8] Foundation of Administrative Justice (FOAJ) in 1999, [9] and many more. The creation of these can be observed as part of a greater trend across Canada which in the 1990s began to adopt a number of ADR programs as an alternative to litigation, particularly in regards to civil claims. [10]
Community mediation is an approach to alternative dispute resolution that is central to Alberta's ADR history. Organizations such as the Edmonton Community Mediation Society (ECM) and Calgary Community Mediation Society (CCM) were founded in the 1980s, and were some of the first adopters of ADR practices in Alberta, providing “conflict resolution for the community by the community." [11] Community mediation practices are also present in certain faith based groups, such as the Mennonites and Ismaili communities. [12] [13] Indigenous peoples from a number of tribes also have traditions that strongly relate to the principles adopted in community mediation and restorative justice, and have been practicing these extensively in Alberta for generations. [14]
Courts
Since the mid-1990s, the Judicial system in Alberta began to recognize the potential of ADR to alleviate the increasing strain on the courts caused by the public's expectation that trials and judges are the de facto approach dispute resolution. To address this, a few ADR programs were initiated with varying longevity to utilize the benefits of mediation and arbitration alongside court proceedings. In 1998 Alberta's Provincial Court began experimenting with mandatory mediation in civil claims through the Provincial Court Civil Mediation Program. [15] Initially started as a pilot project in Edmonton and Calgary courts, the program still exists and has been expanded to several more regions across the province. This program involved the selection of particular cases that a court adjudication committee determined could be settled using mediation instead of going right to trial. In 2005, this program recorded a 63% settlement rate using interest based mediation. [15]
Reforming the Family Justice System is an initiative that started in 2014 between a number of government and non-government actors. The initiative seeks to "improve awareness, coordination and availability of a wide range of services that support children and families, including information resources, legal resources, related health and social services, prevention assistance and resolution services." [16] This effort was founded on the basis that family conflict, especially that which is managed through litigation, can lead to long lasting negative effects on the children exposed to it. As such, the initiative advocates for an increased awareness and use of mediation and educational resources to reform both the Family Justice System in Alberta and the culture surrounding family conflict.
As of September 1, 2019, the enforcement of mandatory alternative dispute resolution rules 8.4(3)(a) and 8.5(1)(a) will come into effect under a pilot project that aims to promote ADR use in the Court of Queens bench. The rules state that parties pursuing civil and family law actions “will participate in at least one of the dispute resolution processes described in R. 4.16(1) [17] to be completed prior to trial.” [18]
Government
One of the first major inquiries into the use of ADR by the Government of Alberta came in the mid-1990s, in particular through the Interaction '96 (I'96) conference held in Edmonton in 1996. With over 700 attendees from around the world, it is the largest ADR conference ever held in Canada. At its conclusion, individuals who had attended the meeting continued to dialogue among themselves, which led to the formation of the Dispute Resolution Network (DRN). [19] The DRN was an informal collection of ADR focused initiatives and individuals within the Government of Alberta, acting as a center for the government's interest in ADR. This conference was essential in promoting the interdepartmental spirit that would allow ADR practices to be explored as a legitimate method to settling disputes.
In 1994 with the Municipal Government Act allowed local authorities the power “to govern municipalities in whatever way the Councils consider appropriate." Dispute resolution processes were added to the Act in 1995 and then again in 1999, which ensured that disputing municipalities pursued mediation before appealing to the Municipal Government Board for a binding decision. [20] In 1998 AAMS, the foundation from which ADRIA would emerge, helped relevant stakeholders to create the Intermunicipal Dispute Resolution Initiative, which would come to provide the mediation services outlined in the 1999 Municipal Government Act amendment. [11]
Encapsulating a range of alternative dispute resolution methods, ADR has become increasingly adopted by a number of government and private entities across Alberta over the last two decades. In 2011, Alberta's Police Act was changed to require that alternative dispute resolution processes "be offered in all appropriate situations, early in the police complaint process." [21] Many of the mediators included in the roster for this initiative are trained practitioners with memberships to ADRIA and similar organizations. [22]
Industry
For decades a number of companies in Alberta have relied on ADR practices to help resolve a variety of disputes. This is particularly prevalent in the organizations involved in the extraction of natural resources, in which land and trade disputes can be tied up in courts for years. In 1998–1999, the Alberta Energy and Utilities Board instituted ADR focused reforms in order to "[facilitate] the industry-landowner relationship and avoiding or minimizing conflicts." It aimed implement ADR mechanisms to help resolve landowner issues, through use of "company-sponsored consultations and negotiations, third-party mediation, company executive involvement, and EUB senior staff/Board Member assistance." [23] In 2001, the Alberta Energy Regulator (AER) also codified the use of ADR in its guiding principles. [24] Such practices not only provide a higher chance of quick dispute settlements, but are also considered a more effective way of maintaining relationships between disputing parties: a factor that is incredibly important when considering economic partnerships or agreements.
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.
Mediation is a structured, interactive process where an impartial third party neutrally assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.
Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
Centre for Effective Dispute Resolution (CEDR) is a London-based mediation and alternative dispute resolution body. It was founded as a non-profit organisation in 1990, with the support of The Confederation of British Industry (CBI) and a number of British businesses and law firms, to encourage the development and use of Alternative Dispute Resolution (ADR) and mediation in commercial disputes. Professor Karl Mackie, a barrister and psychologist, became the organisation's Chief Executive and Eileen Carroll QC (hon), a Trans-Atlantic partner with a law firm joined to become the Deputy Chief Executive in 1996. On 12 June 2010 it was announced in the Queen's Birthday Honours that Karl Mackie was appointed a CBE by the UK Government for ‘services to mediation', the first citing of this reason for the award.
The Chartered Institute of Arbitrators is a professional organisation representing the interests of alternative dispute resolution (ADR) practitioners. Founded on 1 March 1915, it was granted a royal charter by Queen Elizabeth II in 1979.
Alfredo Flores Tadiar was a Filipino attorney whose strong advocacy for and commitment to the alternative dispute resolution (ADR) movement has led to his recognition by Chief Justice Hilario Davide, Jr. as the "father of ADR in the Philippines". He was Chairman of the National Amnesty Commission of the Philippines from 1996 to 2003, and was the pioneering Chair of the Government Panel to negotiate peace with military rebels who sought to topple the government of Corazon Aquino in various coup attempts.
The Civil Mediation Council (CMC) is the recognised authority in England and Wales for all matters related to civil, commercial, workplace and other non-family mediation. It is the first point of contact for the Government, the judiciary, the legal profession and industry on mediation issues.
Frank E. A. Sander was an American professor emeritus and associate dean of Harvard Law School. He pioneered the field of alternative dispute resolution and is widely credited with being a father of the field in the United States as a result of his paper, The Varieties of Dispute Processing, presented at the Pound Conference in 1976 in Minneapolis, Minnesota. Sander's book, Dispute Resolution: Negotiation, Mediation, and Other Processes, which he coauthored with Stephen B. Goldberg, Nancy H. Rogers, and Sarah Rudolph Cole, is used in law schools throughout the United States.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
The Arbitration Roundtable of Toronto is made up of several litigators, academics, arbitrators, and mediators from the Greater Toronto Area. The group promotes arbitration as an alternative method of conflict resolution over litigation, especially in commercial suits. Members include commercial litigators from Toronto law firms including some of the Seven Sisters of Bay Street. Each member has experience and interest in promoting commercial Arbitration. The group dedicates its time to encouraging this form of Dispute resolution through seminars, papers, and talks.
NAM is a provider of Alternative Dispute Resolution (ADR) services, including Arbitration and Mediation NAM provides services to business entities and individuals who seek to resolve their disputes or conflicts outside of the court system. The company maintains rosters of neutrals in all 50 states, Puerto Rico, and major cities around the world.
The Arab Chamber of Commerce and Industry (ARABCCI) or (ArabCham) in Hong Kong was established in 2006 to promote commercial ties between Hong Kong and Greater China with the Arab world. The Arab Chamber of Commerce is a not for profit organisation, The President is Edwin Hitti.
JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. is a United States–based for-profit organization of alternative dispute resolution (ADR) services, including mediation and arbitration. H. Warren Knight, a former California Superior Court judge, founded JAMS in 1979 in Santa Ana, California. A 1994 merger with Endispute of Washington, D.C. made JAMS into the largest private arbitration and mediation service in the country. It is one of the major arbitration administration organizations in the United States. As of 2017, JAMS has 27 resolution centers, including its headquarters in Irvine, California and centers in Toronto and London. JAMS specializes in mediating and arbitrating complex, multi-party, business/commercial cases.
Maxwell Chambers is an integrated alternative dispute resolution (ADR) complex located in Singapore. It provides hearing rooms and facilities for the conduct of ADR hearings in Singapore, as well as the regional offices of a number of ADR institutions, arbitrators, and international arbitration practitioners.
Cyberjustice is the incorporation of technology into the justice system, either through offering court services electronically or through the use of electronics within courtrooms or for other dispute resolution purposes. One of the most crucial goals of cyberjustice is increasing access to justice through both reducing the costs associated with administering justice as well as reducing the burden on the judges and the court system as a whole.
Allan Jeffrey Stitt is a chartered Canadian arbitrator, mediator and film producer. He is the president and CEO of ADR Chambers, a Canadian arbitration and mediation organization. Stitt is the recipient of the 2006 Ontario Bar Association Award of Excellence in Alternative Dispute Resolution. In 2022, Stitt was awarded an honourary Doctor of Laws from the University of Windsor Faculty of Law. As a movie executive producer, Stitt has also contributed to films including The Layover, The Birth of a Nation, Into the Forest, I Saw the Light, and Ithaca.
Claude R. Thomson was a Canadian lawyer in Toronto, Ontario. He was a well-known courtroom lawyer, and also a pioneer of alternative dispute resolution in Canada, including mediation and arbitration. He served as the president of the Canadian Bar Association and the International Bar Association.
Mohamed Manjee Keshavjee is an international cross-cultural specialist on mediation, with a focus on Islamic Law and Alternative Dispute Resolution (ADR).
Philip Michael Epstein is a Canadian family law lawyer.
The ADR Institute of Canada (ADRIC), is a non-profit organization that offers alternative dispute resolution services to its members and the public across the country. It is one of the leading authorities on ADR in Canada, offering highly respected professional designations for both mediation and arbitration, with plans for a mediation and arbitration (Med-Arb) designation in the works. ADRIC has also created an established set of ADR rules and codes, outlining the principles by which its affiliated ADR practitioners commit themselves to following. Beyond promoting ADR and networking and training individuals in ADR practices, ADRIC presides as the national body of the seven regional affiliate bodies of the ADR Institutes in Canada: