A Guide to Implementing Dispute Resolution into Tribunal Processes
This Guide is intended to be a resource to assist tribunals in considering how to best implement or expand their use of Dispute Resolution (DR) processes, as an alternative to or in support of formal hearings, to resolve disputes more quickly and at lower cost. Other decision-making entities and government policy advisors may find it helpful when establishing a new administrative justice scheme. The Guide supports the Ministry of Justice’s vision of a civil justice system where citizens can solve their problems simply, quickly and affordably, achieving earlier solutions and faster justice.
DR processes can provide tribunals with the flexibility to achieve resolution in a manner that best meets the parties’ needs and may facilitate achieving solutions that give parties a greater overall sense of satisfaction with the outcome.
The Guide provides a broad framework to assess implementing a range of DR processes, setting out the various factors and asking questions about the application and use of DR processes. Considerations and criteria are set out that may apply in determining the appropriateness of DR options in various settings. If DR processes are to be provided, the Guide also sets out and asks questions about the various elements that will assist in determining which process may be most effective.
The Guide uses a “step by step” process, divided into four parts:
- Part 1 is a brief introduction and overview.
- Part 2 discusses how to make an initial assessment of a tribunal’s potential to incorporate DR processes. Considerations may include the nature of the tribunal, the dispute and the persons who are involved in the dispute, the statutory authority and the expected goals of a DR program.
- Part 3 sets out some criteria and considerations in deciding how and when an alternative dispute process may be used. Considerations may include who makes the decision, when the decision is to be made and who should provide the DR services. And, recognizing that each tribunal has unique circumstances, various factors that may assist in making tribunal-specific determinations are included.
- Part 4 examines organizational and administrative issues that may have an impact expanding a tribunal’s DR options, for example, the resources necessary to develop and sustain an effective DR program.
Much of the process in the Guide, and the determinations it suggests be made, are inter-related, and it is anticipated that preliminary determinations will need to be re-evaluated, and possibly changed, as other elements, identified later in the process, are considered.
Users of this Guide are encouraged to contact the Administrative Justice Office and the Dispute Resolution Office about specific circumstances.
