Dispute Resolution Guide

June 1995
Update November 2003

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Introduction

This Reference Guide is designed to provide Justice counsel with practical information about Dispute Resolution ("DR") processes and to allow counsel to remain current with developments in the rapidly evolving field of DR.

This Reference Guide contains information directed at counsel with varying levels of familiarity with and practical experience in DR.

Dispute Resolution Services (DRS) will continue to update and amend the Reference Guide. As new DR processes develop and become more widely used in Canada, individual practice modules in respect of those processes will be added to the Reference Guide.

At all times, DRS is available to provide further information and advice concerning any of the information contained in the Reference Guide. Dispute Resolution Services can be reached at 957-4643.

About Dispute Resolution Services

Dispute Resolution Services of the Department of Justice was established in April 1992.

The term "Dispute Resolution" ("DR") rather than "Alternative Dispute Resolution" ("ADR"), is used by the Project to reflect the philosophy that processes such as mediation, arbitration and mini-trial, together with litigation, form a broad spectrum of dispute resolution options. Non-litigious DR processes are therefore perceived as complements to litigation, rather than strictly as alternatives. Our particular focus is on non-litigious DR processes, as the Civil Litigation Branch is responsible for providing legal advice and representation in relation to litigated disputes.

The DR field is rapidly evolving in Canada. Currently, there are no uniform standards of practice or qualifications for non-litigation DR practitioners. DR is a multi-disciplinary field, involving both lawyers and non-lawyers practising in a variety of subject areas and with a variety of philosophies. Generally speaking, this flourishing practice can be said to be a response, in part, to dissatisfaction with the current court system's ability to provide timely, effective and efficient resolution of all disputes. Non-litigious DR seeks to provide parties to a dispute with a mechanism for resolution which is chosen to reflect the particular nature of the dispute and the needs and interests of the parties. In certain cases, traditional litigation is the most appropriate mechanism for resolution; in others, another mechanism may be more appropriate; in others still, these other mechanisms can be used within a litigated dispute to resolve particular issues and streamline the litigation. The goal is to provide a fair, effective and efficient resolution of a dispute.

Dispute Resolution Services' efforts are focused on a number of fronts, with the common theme being the provision of information and advice to allow parties to make a fully informed decision as to the choice and use of an appropriate DR process. To this end, DRS is involved in the: development of policy for the increased use of non-litigious DR mechanisms by the federal government; training of Justice counsel in conflict resolution skills; research into various DR-related issues; establishing lines of communication within Justice among DR practitioners; participation in the development of the practice of non-litigious DR in Canada generally, including involvement in various national and international groups and organizations; and evaluation of DR projects.

Dispute Resolution Services is located on the 14th floor of the Constitution Square Building at 360 Albert Street in Ottawa. Please contact us at 957-4643 for assistance.

Dispute Resolution Services Library

The Dispute Resolution Services Library is located in Room 1451 of the Constitution Square Complex. It contains more than 1000 entries, comprised of books, articles, reports, videos, and other documents relating to dispute resolution. The Library is continually being updated and expanded and offers the only dedicated collection of dispute resolution-related materials in the Department of Justice.

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