The Law of ADR in Canada - An Introductory Guide, 2nd Edition
Fast and Fair - Choose the Right Dispute Resolution Method
Litigation is no longer the default mechanism for resolving a commercial or civil dispute. Today, the key issue for parties in dispute is choosing a process that is both fair and affordable.
The Second edition takes into account changes in the law since the previous edition. It explains all dispute resolution mechanisms available across Canada - including many not typically covered in other Canadian ADR texts. No matter where a dispute arises, you will be prepared for all options at hand in your jurisdiction.
Discover when and how to use:
- Aboriginal courts
- Dispute review boards
- Community and faith based dispute resolution
- International arbitration
- Apologies legislation
- Settlement conferences
- Court annexed mediation
- Pre-trial conferences
- Other related ADR methods
New in this Edition
The law has progressed dramatically in some areas. The Supreme Court of Canada provided significant guidance on the issue of confidentiality in the mediation process, for example. In the field of domestic and international commercial arbitration, numerous appellate level decisions have clarified the law on standard of review, enforcement of awards, enforceability of pre-arbitral steps and stay of proceedings, among other important matters. Construction adjudication, a dispute resolution process established throughout the Commonwealth, but new to Canada, has now been introduced by Ontario's new Construction Act.
The new edition also offers:
- Significantly revised introduction explaining the history of ADR and its importance in the justice system
- New subsections on the Duty to Negotiate in Good Faith, referencing Supreme Court of Canada decision Bhasin v. Hrynew
- Updated discussion on confidentiality in mediation, referencing Supreme Court of Canada decision Bombardier inc. v. Union Carbide inc.
- New sections on the elements that comprise Guided Choice and Statutory Construction Adjudication including discussion of The Ontario Construction Act, Part II.1
- Revised commentary on Aboriginal Courts
- Updated section on Faith Based Dispute Resolution Process including revised discussion on Jewish Ecclesiastic Courts and Islamic Arbitration
- New section on the Scope of Arbitration Agreement
- Added subsections on the Challenges to Submission to Arbitration (Timely Notice and Non-Compliance with Pre-Arbitral Steps)
- Significantly detailed new section on the Stay of Proceedings
- New subsection under the Conduct of an Arbitration discussing Interim Measures
- Revised discussion regarding Appeals and Judicial Review, outlining the test and standard of review
- Significantly revised discussion on the Conduct of the Arbitration, with new subsections on Admissibility, Relevance, Materiality and Weight, Documentary Evidence, Redfern Schedule, Witnesses, and Expert Evidence
- Chapter 3: Significantly revised discussion on Pre-Trial Conference and Case Management procedures in Ontario
You will also learn:
- Which dispute resolution methods may be available in the future
- Legislation governing types of dispute resolution
- Questions to consider when facing a dispute, including:
- If I can't obtain a settlement out of court, is litigation my only option?
- What are the differences between mediators, arbitrators, and conciliators?
- What types of community dispute resolution forums are available throughout Canada?
- When does an agreement to arbitrate exist?
- How can I ensure that an arbitral award is enforced?
- How are pre-trial conferences conducted in each Canadian jurisdiction?
- Generic Arbitration Agreement
- Generic Mediation Agreement
- Students of any course that provides an introductory look at ADR
- Corporate counsel responsible for selecting resolution processes when disputes arise
- Professionals in corporate public markets whose advice is sought on dispute resolution, including senior executives, credit managers, business advisors, engineers, accountants, and architects.
- Large law firms seeking a comprehensive, cost-effective guide to ADR
- Law and commercial libraries that maintain up-to-date resources on dispute resolutions
Table of contents
Chapter 1: Introduction
Chapter 2: Private Dispute Resolution
Chapter 3: Ombudspersons
Chapter 4: Apologies Legislation
Chapter 5: Public Alternative Dispute
Appendix A - Generic Arbitration Agreement
Appendix B - Generic Mediation Agreement