Dispute Resolution Terminology

ADR

When the term ADR first appeared, it meant alternative dispute resolution. In recent years it has come to mean appropriate dispute resolution. The change in language reflects a shift in perspective. Dispute resolution options are not alternatives to, or opposed to, the litigation process. Rather, dispute resolution options range along a continuum from collaborative, non-binding processes to binding arbitration and litigation processes. People attempting to resolve disputes can consider the range of dispute resolution options and select the one most appropriate to the situation.

Arbitration

Arbitration is a dispute resolution process in which disputes are submitted to a neutral adjudicator through presentation of evidence and arguments. The arbitrator is empowered to render a binding decision. Arbitration is generally a private, voluntary method of adjudication; however, government sometimes requires that certain disputes be submitted to arbitration (e.g., disputes under the Residential Tenancy Act). Also, a contract may provide that disputes will be resolved by arbitration rather than litigation.

Case management

Case management refers to control of the movement of cases through a court, or a method of managing cases within the litigation process. Case management is not usually considered an ADR process, but ADR systems are often designed to be integrated with case management systems.

Court-annexed dispute resolution programs

In court-annexed dispute resolution programs (sometimes referred to as "court-sponsored" and "court-based" programs), the court is responsible for managing the program and delivering or administering the dispute resolution service. These programs can be distinguished from "court-referred" or "court-connected" programs, in which cases are referred by the court to outside agencies or resources for dispute resolution services.

Mediation

Mediation is a non-binding process in which a neutral, impartial third party with no decision-making authority attempts to facilitate a settlement between disputing parties. Mediation is generally a private, voluntary dispute resolution process.

Mandatory mediation

Some jurisdictions have established mandatory mediation programs in which parties to all court actions, or groups or classes of actions, are required to mediate. The goal of mandatory mediation is to provide support for early and collaborative settlement of disputes, thereby reducing cost, delay and overloading of the courts.

Rather than establish a blanket requirement for mediation, B.C. has developed a Notice to Mediate process for motor vehicle and residential construction cases. (See Notice to Mediate.) The Notice to Mediate is not considered mandatory because it comes into play only when one of the parties to a dispute determines that mediation would be an appropriate approach for resolving the dispute.

Multi-door courthouse

As dispute resolution options proliferate, choosing the correct option becomes a problem in itself. The multi-door courthouse has been proposed as an answer to this problem. This approach to managing civil cases recognizes that particular disputes may be suited to particular dispute resolution options. Disputes are analyzed and diverted to the appropriate dispute resolution option. The multi-door courthouse is a fundamental ADR model that is common in the U.S.; while not used in B.C., it is recommended by the Canadian Bar Association (see Systems of Civil Justice Task Force Report, pp. 23-25).

Negotiation

Negotiation is any form of "unfacilitated" communication in which opposing parties discuss steps they could take to resolve a dispute between them. Negotiation can occur directly between the parties or indirectly through agents acting on behalf of the parties, such as lawyers.

Neutral evaluation

Neutral evaluation is a process in which parties obtain from an experienced (and possibly expert) neutral third party a non-binding, reasoned evaluation of their case on its merits. The opinion or assessment is expected to have persuasive value, especially because the neutral third party is jointly selected.

Notice to Mediate

The Notice to Mediate is unique to B.C. It is a process by which any party to an action in the Supreme Court can require that all other parties to the action attend a mediation session to attempt to settle the matters in dispute. While the Notice to Mediate process requires that the parties attend a mediation session, it does not force them to reach an agreement. For more information about the Notice to Mediate process, see the Dispute Resolution Office bulletins Notice to Mediate Regulation (Motor Vehicle), Notice to Mediate (Residential Construction) Regulation, and Notice to Mediate (General) Regulation.

Settlement conference (also case conference or pre-trial conference)

These terms are used to describe a broad range of activities involving an informal dialogue between a judge, legal counsel and sometimes parties, before a trial. They tend to be either primarily settlement-oriented or trial-preparation-oriented. Objectives can include settlement of the dispute, expediting the disposition of the action, discouraging wasteful pre-trial activities, and improving efficiency of the trial through more thorough preparation.

For more information

For more information on mediation, contact:

Dispute Resolution Office
Ministry of Attorney General
PO Box 9222, Stn Prov Govt
Victoria, BC V8W 9J1
Tel: 250 356-8147
Fax: 250 387-1189
E-mail: ag.dro.victoria@gems4.gov.bc.ca
Web site: www.ag.gov.bc.ca/dro

Enquiry BC will forward long distance calls at no charge:

– in Vancouver, call 660-2421
– elsewhere in B.C., call 1-800-663-7867.

When you call, ask to be connected to the Dispute Resolution Office, Ministry of Attorney General.

Mediators

For names of mediators in your area, contact the British Columbia Mediator Roster Society, or check the telephone book for mediator service providers and mediation organizations. The British Columbia Mediator Roster Society can be contacted through the Dispute Resolution Office at the numbers listed on this page, above, or: