Dispute Resolution Guide

June 1995
Update November 2003

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Dispute Resolution Policy
(Archived Document)

from the
DEPUTY MINISTER
No. 189 DM 96-02-16

Dispute Resolution Policy

It is with great pleasure that I announce the new Department of Justice Policy on Dispute Resolution. This Policy is another milestone in our Department's pledge to provide high-quality legal services.

Dispute resolution (DR) includes all possible methods of resolving conflict, from consensual to adjudicative, from negotiation to litigation. The Policy explains how DR applies across the mandate of the Department. It sets out our goals to make every effort to prevent disputes from arising and, where they do arise, to deal with them as effectively and efficiently as possible in order to avoid the courts becoming our only avenue of recourse. The Policy makes several commitments on behalf of the Department to meet these goals, such as improving client services, including DR clauses in government contracts, incorporating DR processes into legislation, and training.

Extensive and successful consultation, first within the Department and then externally with all federal departments, provincial and territorial Justice ministries, the Canadian Bar Association, law societies and interested non-governmental organisations, has helped to craft this Policy. Significant changes were made to the draft policy to reflect the comments received from within our Department. It is truly a product of the input given by Justice employees. Some further adjustments were made to reflect comments from the public consultation process.

Why should the Department adopt a corporate policy on dispute resolution? Because it demonstrates commitment to playing a leadership role in DR, and it reinforces our responsibility to consider all DR options and select the one that best responds to the parties' interests. This Policy will guide our actions in the promotion and use of DR mechanisms. It serves as a standard against which our actions can be judged and affirms our public pledge to improving access to and satisfaction with the justice system. This Policy does not bind us to engage in any particular method of DR. Rather, it commits us to try in good faith to reach early and effective resolution of our disputes.

In order to provide employees with the skills necessary to implement the commitments of this Policy, the Department has been offering training courses across Canada in principled negotiation, mediation and arbitration on an ongoing basis. As well, the Dispute Resolution Reference Guide has been made available across the Department via the Management Committee. It will also be available electronically in the near future. Those who are interested in participating in training courses or require other assistance should contact the Dispute Resolution Project at (613) 957-4643.

We will be communicating this Policy to our federal colleagues and to the private sector. As you know, our commitment to promote efficient and effective forms of dispute resolution depends equally on the participation of our clients. To assist our clients in this regard, the Department will be providing information sessions on dispute resolution mechanisms through the Legal Awareness Program. I have also written to my colleague deputy ministers to inform them of our initiative, and have received very favourable responses.

There is tremendous scope for disputes to be settled by individuals, organisations and governments, either by themselves or with the help of a neutral third party. Such methods, with the potential for lasting solutions and cost savings, fit well with other initiatives of the Department, such as Client-Driven Services. I look forward to seeing this Policy in action. Individuals in all sectors of this Department must play a role in its implementation. The further advancement of the dispute resolution initiative is indeed our collective responsibility. I encourage you to discuss this Policy at staff meetings to facilitate the successful implementation of this initiative. conflits.

George Thomson
attach. p.j.

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 facts 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 use 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 "high-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.

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