Alternative Dispute Resolution

Alternative dispute resolution (ADR) is a non-adversarial way of resolving disputes that is being increasingly used in the public and private sectors.   The Government of Canada recognized the value of ADR in its Public Service Modernization Act, introduced recently in Parliament.

ADR helps parties resolve their differences without resorting to a more confrontational adjudicative process. It looks at needs, interests, and solutions, and can promote healing. It is voluntary, timely, confidential, and based on mutual agreement. It is designed to yield solutions that are adapted to the particular circumstances of individual cases, it is about solving problems rather than imposing solutions through an adjudicative process. It can also yield creative and far-reaching solutions to issues of systemic discrimination and, as such, is consistent with the public interest and the purposes of the Canadian Human Rights Act.

The Commission actively promotes ADR with disputing parties and with other interested groups because it is timely and effective.  In February 2003, the Commission created the ADR Services Branch with a mandate to strengthen the service and actively promote it with stakeholders.  The Branch offers two forms of ADR: mediation and conciliation.