Alternative Dispute Resolutions

Alternative Dispute Resolution (ADR)

• Methods of resolving disputes outside the traditional court system

• Generally faster, cheaper, and more flexible than litigation

• Often used to reduce court backlogs

• May be voluntary or mandatory (by contract or statute).

• In some instances can prevent people from having to go through the taxing trial period. This is where they can be dissected on the stand

4 Methods of ADR

1. Arbitration

2. Mediation

3. Conciliation

4. Settlement

Arbitration

• Dispute decided by an individual arbitrator or a panel

• Final and binding decision

• Can be mandated by statute or required by contractual clauses

• Common in commercial and private disputes

• Increasingly used as contracts now often include mandatory arbitration clauses

• In Manitoba, governed by The Arbitration Act

Mediation

• Neutral third party assists parties in reaching a resolution

• Mediator can suggest solutions, but cannot impose a decision

• Often used as a step before arbitration

• If mediation fails → dispute may proceed to arbitration

• Very common in family law matters

• Emphasizes cooperation and compromise

Conciliation

• Neutral third party facilitates communication and discussion

• Cannot propose solutions or make decisions

• Focuses on helping parties understand each other’s positions

• Commonly found in human rights legislation

• Less directive than mediation

Settlement

• Resolution reached by the parties themselves

• Can occur at any stage of a dispute (before or during litigation)

• Most court cases end in settlement

• Avoids the risks, costs, and uncertainty of a trial

• Outcome is typically formalized in a settlement agreement

Adjudicator

A neutral third party who hears a dispute and makes a decision after considering the evidence and arguments from each side.

• Often used where a fast resolution is needed, such as in construction or employment disputes.

Quasi Judicial Body

An administrative tribunal or board that is not a court but exercises court-like functions by hearing evidence, applying law, and making binding decisions that affect legal rights, subject to judicial review.

Quasi-judicial bodies are usually:

• Administrative tribunals

• Boards or commissions

• Created by statute

Quasi offence

An act that is not a true criminal offence, but is treated like one. Usually involves regulatory rules, not moral wrongdoing.

• Penalties are often fines, not jail. Not criminal offence but punishable.

Quasi-Judicial Body Examples

• Human Rights Tribunals (federal & provincial)

• Labour Relations Boards

• Immigration and Refugee Board of Canada

• Workers’ Compensation Boards

• Professional discipline panels (lawyers, nurses, teachers)