Guiding principles for alternative dispute resolution

Explore the principles that guide the Business Dispute Management Program's efforts to provide quality service and to uphold public confidence in its processes as reliable methods for dispute resolution. These principles are founded in the rule of law and in alternative dispute resolution (ADR) industry standards.

Value

• Conflict should be addressed at the earliest possible stage in a dispute
• ADR services are available to assist with early identification, prevention and management of conflict
• The program provides dispute prevention tools and training for competency building in support of:
  • managing business relationships
  • avoiding unnecessary conflict escalation

Accessibility and flexibility

• Our services are:
  • accessible to all PSPC employees, client departments and suppliers where PSPC is the contracting authority
  • flexible, confidential and structured to meet the needs of all parties
• Engaging in ADR does not:
  • negate the legal rights of any person or pursuing other redress procedures following the use of ADR
  • replace existing dispute resolution processes (such as litigation)

Confidentiality

• Our program's practitioners must keep all matters in any ADR process confidential, unless otherwise required by law
• Participants are bound to:
  • maintain confidentiality of the ADR process and its communications
  • conduct all ADR sessions without prejudice basis
  • respect the settlement agreement (except when disclosure is necessary to implement the agreement)

Custody of the process

Our program's ADR professionals follow a code of conduct based on industry standards, must possess and maintain professional ADR skills and abilities to satisfy the reasonable expectations of parties and know when and where to refer clients for appropriate assistance in business dispute matters.

Impartiality

• Our ADR practitioners:
  • remain neutral when providing ADR services to participants—treating each participant equally
  • remain equally committed to the parties and the process, and will not allow pressure or influence from others to compromise their impartiality
  • will withdraw from an ADR process where their impartiality has been compromised
  • our program is detached from operational activities so that it remains separate from the contents of any settlement activities conducted by the parties

Voluntary self-determination

The ADR process uses self-determination, the act of coming to a decision in which each party makes a free and informed choice as to the process and the outcome.

• While parties may be required to consider ADR services, the final decision of whether or not to participate in an ADR process rests with the parties
• Participants are free to withdraw from an ADR process at any time
• Parties are responsible for resolving disputes and taking ownership of outcomes
• Practitioners support and encourage participants to take responsibility for decision making when involved in the resolution of a dispute through an ADR process