DEPARTMENT OF JUSTICE (CANADA)POLICY ON DISPUTE RESOLUTION

PREAMBLE

Dispute resolution (DR) includes all possible processes for resolving a conflict, from consensual to adjudicative, from negotiation to litigation. The appropriate method to resolve any given dispute can only be chosen after a careful assessment of the fa cts and circumstances of the case. In making this evaluation, one must consider the interests of the parties, the nature of the dispute and any statutory or policy restrictions governing the use of a particular DR process. The consensual nature of most DR methods requires that the choice of process be made jointly by all parties. It is the ability of the parties to choose which DR process best fits the case at hand that will improve the quality of and access to justice.

GOALS

The Department of Justice affirms the responsibility of all its employees to make every effort to prevent disputes from arising and, where they do arise, to address them as early and effectively as possible, in order to avoid the courts becoming our only avenue of recourse. The spectrum of dispute resolution processes is not limited to civil matters, but rather is potentially applicable across the mandate of the Department of Justice. In accordance with government policy, the Department encourages the u se of the various DR processes in all appropriate circumstances.

The use of DR affirms two principles of the Department's mission statement: "to support the Minister of Justice in working to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice"; and to provide "h igh-quality legal services and counsel to the government and to client departments and agencies".

COMMITMENTS TO ACHIEVE OUR GOALS

Leadership

• The Department of Justice will strive to be a leader in promoting the use of DR.

Training

• Justice employees will be informed of the purpose and utility of DR.
• Justice employees will be trained in the effective use of DR processes.
  

Dispute Prevention

Justice employees will use best efforts to prevent disputes from arising and will consider the use of DR processes at the earliest possible stage of any conflict.

Legislative Initiatives

Justice counsel will ensure that, where appropriate, efficient and effective forms of DR be integrated into draft legislation.

Policy and Program Initiatives

• Justice employees will integrate innovative and collaborative DR processes, where appropriate, into policy and program initiatives.
• Justice employees will work in cooperation with non-governmental organizations in advancing our knowledge of and experience with DR.

Contracting

• Justice employees and Justice counsel, in collaboration with client departments and agencies, will endeavour to include appropriate DR clauses into contracts involving the federal government.

Client Services

• The Department of Justice will inform its clients of the purpose and utility of DR.
• Justice counsel will advise their clients of the merits and weaknesses of each relevant DR process.
• Justice counsel will help the client select the DR process that offers efficient and effective resolution given the nature of the dispute, the interests of the client and the consent of the other party or parties.

Crown Agents

• Where appropriate, when agents for the Crown are being retained, they will be selected, in part, based on their knowledge of and experience in the use of DR processes.