The source of Alternative Dispute Resolution information, resources and expertise in Alberta Alberta’s professional association of mediators, arbitrators and other ADR practitioners
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AGM RECORDING:
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While amounts owing of under $15K may represent a substantial sum to many contractors, Applicants are cautioned that ARCANA (AB) construction adjudication services are not free. Appointment and adjudicator fees begin at almost $3000, and are often initially borne by the Applicant. The Adjudicator may or may not allocate the cost of the adjudication in any one party’s favour. For those collecting on an Adjudicator’s order, ARCANA (AB) does not provide enforcement services when debts remain unpaid, potentially incurring more cost to those owed money. ARCANA (AB) wants such Applicants to be fully aware of ALL their resolution options:
1) Prompt Payment Construction Adjudication with ARCANA (AB) as detailed in these webpages;
2) Civil Claims Mediation or Litigation, with or without legal representation, for sums up to $100,000. There are additional details regarding this option that you can access from this ARCANA (AB) webpage. Application fees are very low, and Applicants are strongly encouraged to request the FREE mediation option which can achieve resolution faster without added expense; and
3) Register a Lien. ARCANA (AB) does not provide advice or guidance on this option, but note that liens must be registered within 60 days.
The construction industry is a multi-billion dollar sector of Alberta’s economy that creates thousands of jobs for Albertans.
Payment timelines for Alberta’s construction industry, along with timelines for filing liens and rules for adjudication in the event of a payment dispute, are outlined in the Prompt Payment and Construction Lien Act, the Prompt Payment and Adjudication Regulation, and the Prompt Payment and Construction Lien Forms Regulation.
All new construction contracts in Alberta must adhere to the rules of the Prompt Payment and Construction Lien Act as of August 29, 2022.
Existing contracts that are scheduled to end before August 29, 2024 do not need to be changed to adhere to the new rules. Existing contracts that extend beyond August 29, 2024 have to become compliant by August 29, 2024.
A roster of ARCANA (AB) Qualified Adjudicators is now posted on the ADRIA online directory at https://adralberta.com/directory/. Under ADR Services please select ARCANA Construction Adjudicator to view the available roster adjudicators in random order. Only these adjudicators are allowed to conduct Prompt Payment Construction Adjudications in accordance with the legislation.
Please note that contacting an adjudicator directly will compromise their ability to accept a file. If you must contact an adjudicator to confirm any aspect of their qualifications, suitability or experience, please do so by email and carbon copy (cc) the other party and their legal representative. Any potential adjudicator will, in turn, Respond to All without compromising their neutrality.
Prompt Payment Construction Adjudications under the PPCLA Legislation are intended to provide the construction sector and the public with quick, accessible, affordable and enforceable Determinations and Orders – usually in under 60 days. The PPCLA allows disputants in the construction sector to avoid lengthy and costly litigation in the Courts.
As noted in the fee schedule the appointed adjudicator may require a retainer to be paid when the adjudication is initiated. While it is preferable that the disputing parties share the cost of the retainer, in order to ensure that the adjudication can proceed without delay, the applicant should be prepared to pay the full cost at the outset. Note that Regulation 13(3) specifies that any costs and other charges related to an adjudication shall be equally divided among the parties unless the adjudicator directs otherwise. ARCANA (AB) requires its adjudicators to carefully consider whether these cost should be shared equally or unequally, and to include this decision in the Adjudication Order in compliance with Regulation 26(2).
In accordance with section 13(3) of the PPCLA Regulation 23/2022 dated February 25, 2022, when making their Determination and Order regarding the cost and other charges related to the adjudication, ARCANA adjudicators shall be limited to the following:
a. Appointment fee paid by the parties to ARCANA(AB): and
b. Fees and disbursements charged by the Adjudicator to the parties including any costs incurred by the Adjudicator arising from any of the powers exercised in accordance with section 25(1) of the PPCLA Regulation.
Please add 5% GST to all fees specified in the ARCANA (AB) Fee Schedule below:
There is no fee to issue a Notice of Adjudication but, once issued, it is incumbent upon the Applicant to immediately:
A) Work towards resolution with the Respondent if practical;
B) If not resolved, try to agree upon an adjudicator to reduce the Appointment Fee by half; and
C) Keep ARCANA (AB) informed and complete the Application Form if the adjudication appointment is to proceed.
ARCANA (AB) will issue an Application Form and instructions upon receipt of the Notice of Adjudication, but if the adjudication is to proceed, the actions above MUST be undertaken by the Applicant in the four (4) working days following issuance of the Notice. Specifically, this includes completion of the ARCANA (AB) Application Form and payment of the Appointment Fee (usually with reference to Column B and Notes to the ARCANA (AB) Fee Schedule). If the dispute is resolved, or the adjudication is to be discontinued after issuing a Notice of Adjudication, ARCANA (AB) must be informed. Once appointed, the adjudicator will issue further instructions in accordance with the legislated timelines.
The PPCLA legislation and regulation uses the terms “days” and “calendar days” to outline the adjudication process. Note that under the legislation “Calendar days” excludes weekends and most recognized holidays. The 11-step process below only uses the word “days”, noting that in most cases (but not all), this refers to working days. A notable exception is Regulation 26(1) [Step 4] where ARCANA (AB) believes that the legislated intent is 30 straight days – i.e. including weekends and holidays. For added clarity, refer to the legislation.
Action – The Applicant delivers a Notice of Adjudication to the Respondent and the Nominating Authority in the required form.
Includes a brief description of the dispute being submitted to for adjudication, and the redress sought (usually expressed to include a dollar value).
Specifies a preferred NA and adjudicator (if any) .
ARCANA (AB) will issue an application form to gather more details, and to detail the appointment and adjudicator fees.
Action – If practical, the Applicant and Respondent agree on the Adjudicator and notify the Nominating Authority.
Or, if agreement cannot be mutually agreed upon by the parties, any party to the dispute (normally the Applicant) must notify the Nominating Authority that they have been unable to reach an agreement on the selection of an Adjudicator, and request the Nominating Authority to appoint an Adjudicator on their behalf.
Timing – within 4 days of the delivery of the Notice of Adjudication, at which time the Appointment fee must be paid.
NOTE – if the Applicant does not intend to proceed to adjudication after the 4th day, the Nominating Authority must be advised immediately.
The parties are encouraged to communicate with each other during these 4 days and mutually agree upon an Adjudicator. To this end, the parties are encouraged to identify and exclude any Adjudicators that might have a Conflict of Interest, or be otherwise les suitable for the dispute at hand. Similarly, any party can communicate their preferences for an appointed Adjudicator. Direct one-party written or verbal communications with potential Adjudicators are NOT encouraged, as such communications would compromise the Adjudicator. If direct written communications with potential Adjudicators are initiated by any party prior to the appointment, then all other parties to the dispute must be copied.
In all circumstances, the Nominating Authority will confirm the availability, suitability, and willingness of the Adjudicator before appointing.
Action – The Nominating Authority appoints either the Adjudicator agreed to by the parties, or an Adjudicator who the Nominating Authority deems qualified to adjudicate the dispute between the parties, and notifies the parties of the appointment.
The adjudicator may issue directions to the parties at this stage regarding the conduct of the adjudication. Such directions may also be issued during the course of the adjudication process (see Step 6 below).
Timing – within 7 days of Step 2.
Action – The Applicant must deliver to the Adjudicator and the Respondent, the following materials:
•The Notice of Adjudication;
•A copy of the contract or subcontract, as the case may be; and
•Copies of all documents that the Applicant intends to rely on to prove its claim.
The documents should include a brief summary of the basis for the Applicant’s claim.
ARCANA (AB) provides a secure document transmission app (BOX)
Timing – within 5 days of the appointment of the Adjudicator under Step 3, or such other time as may be directed by the Adjudicator.
This starts the 30-day clock i.e. the timeframe within which the adjudicator must make a determination of the dispute, unless extensions are granted
Action – The Respondent must deliver to the Adjudicator, and the Applicant, its response which should include the following materials:
•A brief description of the basis upon which the Respondent disputes the Applicant’s claim; and
•Copies of all documents that the Respondent intends to rely on to dispute the Applicant’s claim.
Timing – within 12 days of receipt of the Applicant’s materials under Step 4, or such other time as may be directed by the Adjudicator.
Action – At the Adjudicator’s discretion, the Adjudicator may issue directions to, or seek clarifications from, the parties to the dispute.
The Adjudicator shall also give notice to the parties that the Adjudicator has in its possession all the documents and information required to make a determination.
This is where a site visit, hearing or expert witness could be directed.
Timing – In Adjudicator’s discretion
Action – The Adjudicator delivers to the parties and to the Nominating Authority their written determination of the dispute and a corresponding formal Order.
Timing – within 30 days of receipt of the materials from the Applicant under Step 4.
The Adjudicator may extend this timeline (or any deadline) by up to 10-day increments if necessary or by agreement.
In accordance with section 13(3) of the PPCLA Regulation 23/2022 dated February 25, 2022, when making their Determination and Order regarding the cost and other charges related to the adjudication, ARCANA adjudicators shall be limited to the following:
a. Appointment fee paid by the parties to ARCANA(AB): and
b. Fees and disbursements charged by the Adjudicator to the parties including any costs incurred by the Adjudicator arising from any of the powers exercised in accordance with section 25(1) of the PPCLA Regulation.
Timing – within 4 days after Determination is made the parties to the adjudication must seek a correction of any typographical error in the Order.
Action – The Nominating Authority certifies the Order and sends a copy of the Order to the parties.
Timing – within 7 days of the Nominating Authority’s receipt of the determination and Order under Step 7.
Action – The party seeking enforcement of the Order may file the Order with the Clerk of the Court.
When filed with the Clerk of the Court, the Order has the same legal effect as an Order of the Court.
Timing – If unpaid, 30 days after the delivery of the certified determination and Order of the Adjudicator from the NA under Step 9.
OR – Judicial Review is requested within this same 30 days.
Action – Party seeking enforcement of the Adjudicator’s Order delivers to the other party written notice of the registration of the Order with the Clerk of the Court.
Timing – within 10 days of the registration of the Order under Step 10.
Under the PPCLA, a Nominating Authority is required to:
The Nominating Authority ARCANA (AB) functions as a partnership between the ADR Institute of Alberta (ADRIA), the ADR Institute of Canada (ADRIC), and the Royal Institution of Chartered Surveyors (RICS).
For more information on Prompt Payment Construction Adjudication or how to initiate the adjudication process, contact arcana@adralberta.com or call/text 780-245-4042.
An alternative and cost-effective option for smaller construction prompt payment disputes is Civil Claim Court, and free mediation services that the parties can request or be directed to. Claims of up to $100,000 can be referred to the Alberta Court of Justice Civil Division. Filing fees are low, and many such files are diverted to a half day of free mediation – especially when mediation is requested by the applicant or parties to the dispute. Successful mediated outcomes can be filed as court documents, and mediations can be scheduled much earlier than court dates. If a mediated settlement is not reached, you can still proceed to trial. You can find full details on the following websites:
https://albertacourts.ca/cj/areas-of-law/civil/claims/filing
https://www.alberta.ca/civil-mediation.aspx
TBA
Neither the Courts nor ARCANA (AB) provide enforcement services. Any party to a dispute that is still owed payment more than 30 days after a construction adjudicator’s order is certified should consult Steps 10 and 11 of the 11-step ARCANA (AB) Adjudication process AND the attached guide. Legal counsel is recommended.
Complaints and Discipline Policy
Each of the three partners of ARCANA (AB) currently maintains its own Complaints and Discipline Policies. Steps are currently underway to harmonize these policies with a view to the adoption of single, harmonized ARCANA (AB) Complaints, Determination and Discipline Policy for Construction Adjudication. While all three policies rely on Fairness, due process and the fundamentals of Natural Justice, RICS has the most experience with Construction Adjudication and the nature of complaints that may arise. For this reason, ARCANA (AB) will initially rely on a modified RICS policy, engaging both ADR Institutes, should there be an early complaint. The GOA will be advised as soon as a harmonized policy is adopted.
Interim ARCANA (AB) Complaints Policy
Complaints Procedure (CP) Content Outline:
1. Overview
· Purpose of the customer complaints procedure
2. Matters that may investigated
· Background
· Types of complaints ARCANA (AB) can investigate
· Types of complaints ARCANA (AB) cannot investigate
3. The investigation
· Costs
· What happens during the investigation?
· Potential outcomes
4. Practical information
· Contact details
· Time limits
· Withdrawal of a complaint
Overview
Purpose of this complaint procedure
ARCANA (AB) has adapted this complaints procedure on an interim basis to ensure that those parties who use the services of ARCANA (AB) to source the nomination of construction adjudicators, continue to have confidence in the professionalism and competence of the services we provide and the adjudicators we nominate.
All adjudicators who are nominated by ARCANA (AB), or are on the ARCANA (AB) roster of adjudicators, and hold themselves out as being able to discharge the role of adjudicator, are covered by this complaint procedure.
The purpose of this policy is to ensure that parties to an adjudication, their professional representatives and adjudicators on the ARCANA (AB) roster are fully aware of the procedure that will be followed when a complaint has been received regarding an adjudication or adjudicator.
This document provides an explanation of the matters that are within the scope of the complaint procedure, a step-by-step guide to the process of investigation that will take place, and a summary of recourse or corrective measures that can be considered.
Matters that may be investigated
This procedure for investigating complaints applies to all adjudicators who are on the ARCANA (AB) roster.
We may, at our discretion, refer an allegation relating to the personal and/or professional conduct of an adjudicator to their professional regulatory body, if applicable. Such a referral may, in addition to any steps taken by ARCANA (AB) under this complaint procedure, lead to disciplinary action against the dispute resolver. Examples of conduct which may fall within this category include demonstrations of abuse (verbal/physical), discriminatory or biased behavior, or a deliberate or reckless failure to declare a conflict of interest.
ARCANA (AB) has an unfettered discretion as to who is or is not included on the roster of adjudicators and can decide whether or not to temporarily, or permanently, remove any adjudicator from the roster. Normally, a decision to remove an adjudicator from the roster will be taken to safeguard the interests of parties to adjudications.
Types of complaints ARCANA (AB) can investigate
We can investigate complaints relating to the competencies reasonably expected of an adjudicator on the ARCANA (AB) roster. For example:
a) Inadequate case management including inadequately setting out and communicating the process at the outset; haphazardly requesting paperwork; inefficiently organizing evidence and representations; failing, as far as possible, to ensure that all information provided by the parties or obtained by his or her own efforts, is equally shared with all parties to a dispute
b) Poor time management including failing to adhere to relevant prescribed timetables and time limits; repeatedly cancelling meetings without good reason; late billing of costs (including fees)
c) Complaints relating to an adjudicator’s personal and/or professional conduct in the course of acting as an adjudicator in respect of the parties or others associated with the adjudication process but not directly integral to the decision-making process itself.
Types of complaints ARCANA (AB) cannot investigate
ARCANA (AB) authority does not extend to any issue relating to:
a) The merits or otherwise of decision by the adjudicator on the substantive disputes. This includes the reasoning provided by the adjudicator for the decision; the inclusion or exclusion of, or weight given, to evidence; any matters that go to the merits of rulings by the adjudicator on their jurisdiction or other preliminary or ancillary matters;
b) The reasonableness of an adjudicator’s decision on allocation of costs (if applicable);
Continuing, ARCANA (AB) may not:
c) Enquire into, or in any way interfere with, any on-going dispute resolution process, such as arbitration or litigation;
d) Order an adjudicator to revisit, change, or withdraw a decision; or
e) Consider any allegation of professional negligence relating to the decision of an adjudicator or to instruct an adjudicator to pay compensation based on alleged negligence or any other cause of action.
These issues may only be determined by a Court of Law.
The Investigation
Costs
There is no charge made to either a complainant or adjudicator for a complaint to be lodged with ARCANA (AB), or for undertaking an investigation into a complaint.
What happens during the investigation?
ARCANA (AB) will always attempt to contact the adjudicator by telephone in the first instance to inform him/her that a complaint has been received. In the event that we are unable to speak with the adjudicator, an email will be sent.
Should ARCANA (AB) consider that the complaint does not fall within our remit, a response will be sent to the complainant which will explain the reasons why we are unable to pursue the matter further. The adjudicator may be informed of this outcome, only if he or she has been notified of the complaint before the decision has been made not to pursue the matter.
If ARCANA (AB) considers that all or part of a complaint falls within our remit, the following procedure will be undertaken:
a) ARCANA (AB) will invite the adjudicator to respond to the complaint in writing and we will give a deadline date for the response. A full copy of the complainant’s correspondence will be provided to the adjudicator to ensure they are aware of the issues that need to be addressed. Please note the deadline to respond may be extended by request.
b) ARCANA (AB) will consider any response received from the adjudicator and inform both the complainant and the adjudicator of the next steps.
c) ARCANA (AB) may at any stage seek advice from others within or outside of RICS ADRIC. This may include professionals experienced in adjudication law, practice and procedures, or in the subject matter of the complaint.
d) ARCANA (AB) may at any stage contact the other party or parties to the adjudication and may at our sole discretion seek their comments and observations on the matters raised in the complaint.
e) ARCANA (AB) will consider the matter further and make a decision. We will write to the complainant, the adjudicator and, if appropriate, any other parties to advise them of the outcome.
Potential outcomes
The purpose of an investigation is to ensure the excellence of service provided by the adjudicators appointed by ARCANA (AB). Our objective is therefore not necessarily to punish, but to ensure that adjudicators are fully aware of and at all times act in full compliance with the high standards required of them by ARCANA (AB). Possible outcomes include:
Where an adjudicator has made a minor error in practice or procedure, and the complaint overall is not considered serious, he/she will be given advice and guidance on how to proceed in future disputes where he/she is appointed, so as to avoid similar complaints
Where an adjudicator has not discharged his/her role adequately and this has inconvenienced a complainant, but has not caused serious disadvantage, he/she may be warned as to future conduct, and notified that any further failures to perform adequately could result in suspension or removal from the roster from which appointments are made
Where an investigation determines that an adjudicator is significantly weak in a particular area, he/she may be suspended from the roster from which appointments are made until such time as ARCANA (AB) is satisfied that he/she has addressed the matter through training/coaching.
In addition, all adjudicators undertake regular reassessments, and where a complaint has been received, ARCANA (AB) may bring the complaint to the attention of the Reassessment Board for consideration.
Where an investigation uncovers serious shortcomings in terms of the ability of an adjudicator to discharge his/her role, and ARCANA (AB) considers that the shortcomings have not, or cannot, be resolved by further training or coaching, ARCANA (AB) may remove an adjudicator from the roster from which appointments are made.
Practical information regarding complaints
ARCANA (AB) contact details
Should you be asked by ARCANA (AB) to provide further information or to respond to a complaint, please reply directly to the member of staff who has written to you.
Please note that, while ARCANA (AB) will offer state-of-the-art confidentiality via BOX relating to file correspondence in each and every complaint, no email system can be
guaranteed to be 100% secure. ARCANA (AB) cannot be held responsible for email service/internet system failures and/or downtime.
Time limits
A complaint must be made within twelve months of the act(s) complained of, or twelve months of the completion of the appointment, whichever is the later. (In exceptional circumstances, ARCANA (AB) may extend this time limit).
In most circumstances, a complaint can only be investigated where the adjudication (including any decision as to costs) has been completed and any appeal process exhausted. A complaint cannot normally be investigated until any active legal action against the adjudicator has been finalized.
Withdrawal of a complaint
Should a complaint be withdrawn or resolved informally, ARCANA (AB) may inform the adjudicator in writing.
ADDITIONAL REFERENCES:
RICS – Raising Concerns about Regulated Members:
https://www.rics.org/uk/footer/contact-us/concerns/
ADRIC – Complaints & Discipline Policy:
ADRIA – Complaint Resolution Policy:
The partnership between the ADR Institute of Alberta (ADRIA), The ADR Institute of Canada, Inc. (ADRIC) and the Royal Institution of Chartered Surveyors (RICS) as the ADR Institutes / RICS Construction Adjudication Nominating Authority (Alberta) [ARCANA (AB)] brings together three organizations with long-established records of performance in the development and implementation of dispute resolution services in many commercial sectors, notably construction.
The Royal Institution of Chartered Surveyors (RICS) is a global leader in the provision of adjudication services to the construction industry and has nominated in excess of 20,000 adjudicators over the past 24 years pursuant to statutory and contractual regimes in the UK, Australia, New Zealand, Southern Africa and the Republic of Ireland. The RICS training, accreditation and performance monitoring programs for construction adjudicators are regarded as the gold standard by industry professionals and users of adjudication globally. https://www.rics.org/
The ADR Institute of Canada (ADRIC) is Canada’s leading ADR professional organization and presides as the national body of the seven regional affiliate bodies of the ADR Institutes in Canada. It has established benchmarks for best practice for ADR professionals across Canada and offers highly respected and sought-after professional designations. ADRIC members include Canada’s top dispute resolution professionals many of whom are skilled and experienced in construction industry law and practice. ADRIC and RICS have also partnered at the Federal level with the intent of responding to the Canadian Government’s Prompt Payment Adjudication legislation, and are working with individual Affiliates across Canada to support existing and future Provincial Construction Adjudication initiatives. https://adric.ca/
The ADR Institute of Alberta (ADRIA) is well known to the Provincial Government as Alberta’s professional association of mediators, arbitrators, adjudicators and other ADR practitioners, and the source of ADR expertise in Alberta. ADRIA functions as an independent Regional Affiliate of ADRIC in the delivery of highly qualified and credentialed ADR professionals in all sectors of Alberta’s economic and civil life. For over 20 years ADRIA has administered the Canadian Motor Vehicle Arbitration Plan (CAMVAP) in Western Canada, in partnership with the CAMVAP national body. ADRIA has represented the new ARCANA (AB) partnership throughout Service Alberta’s consultation process and the drafting of prompt payment adjudication legislation and directives. https://adralberta.com/
ARCANA (AB) hosted a highly successful Construction Adjudication Prompt Payment Symposium on April 20th, 2023 in Calgary, featuring speakers from the UK and multiple Provinces. Symposium activities for 2024 are now being planned. Visit https://adralberta.com/events/construction-adjudication-symposium/ or contact arcana@adralberta.com for more details and sponsorship opportunities.
Anyone interested in joining the ARCANA (AB) roster of professional construction adjudicators must have at least 10 years of experience in the construction sector, as required by the PPCLA Regulation. Applicants must also register and complete the National ADR Canada / RICS online Construction Adjudicator training program. Details can be found on the ADRIA and ADRIC websites, or by contacting arcana@adralberta.com .
Construction adjudication training will cover the Alberta legislation (and other jurisdictions), and is the minimum training requirement for construction adjudicators in Alberta accepted onto the ARCANA (AB) roster, and in Saskatchewan, and likely in other provinces. Please note that completion of this training is not a guarantee of acceptance on the Alberta roster, as ARCANA (AB) is required to offer a balanced roster covering a broad spectrum of construction sector and legal expertise. Roster adjudicators are also required to hold an ADRIA membership, professional insurance and maintain their professional designations.
TBA
Prompt Payment Construction Adjudications under the PPCLA Legislation are intended to provide the construction sector and the public with quick, accessible, affordable and enforceable Determinations and Orders – usually in under 60 days. The PPCLA allows disputants in the construction sector to avoid lengthy and costly litigation in the Courts.
Construction Adjudication Determinations and Orders are confidential, provided they are complied with. Construction Adjudication Orders are as enforceable as Court Orders. However, parties should note that neither the Courts nor ARCANA (AB) provide enforcement services.
As noted in the fee schedule, the appointed adjudicator may require a retainer to be paid when the adjudication is initiated. While it is preferable that the disputing parties share the cost of the retainer, the applicant should be prepared to pay the full cost at the outset – noting that the adjudicator has the authority to allocate the total cost of the adjudication equally or unequally between the parties as part of the final Determination and Order.
For more information on Prompt Payment Construction Adjudication or how to initiate the adjudication process, please consult the drop down menus above or contact an agent by emailing arcana@adralberta.com or texting 780-245-4042.
Formerly known as the Builder’s Lien Act, the Prompt Payment and Construction Lien Act is now in force. The new act creates rules for the timing of payments and sets out a streamlined adjudication process for disputes related to payment or work performed as an alternative to court.
Prompt payment is introduced by mandating owners to provide payment to their contractors within 28 days of receiving a proper invoice for construction services and requires that those contractors who receive payment from an owner subsequently pay their subcontractors within seven days.
The new act applies to all private construction contracts in Alberta created on or after Aug. 29, 2022. Current contracts that extend past two years must become compliant with the new rules by Aug. 29, 2024.
“The Alternative Dispute Resolution (ADR) Institutes/Royal Institution of Chartered Surveyors (RICS) Nominating Authority is pleased to offer the services of its trained adjudicators as an approved Nominating Authority (NA) to resolve a full range of potential disputes in Alberta. We offer significant experience in all sectors and our adjudicators will be fully qualified to resolve prompt payment and other construction-related disputes that arise.”
Paul Conway, Executive Director, ADR Institute of Alberta
“Albertans in the construction industry have been advocating for prompt payment legislation for nearly 10 years, so I am excited to celebrate this important milestone. I am proud of the work that Alberta’s government did, collaborating over the last three years with members of the construction industry to develop and pass legislation that will protect jobs and unlock cash flow in this multibillion-dollar industry that employs hundreds of thousands of Albertans.”
Nate Glubish, Minister of Service Alberta
“Payment practices in Alberta have deteriorated over many years. Accounts receivable frequently in excess of 60 days shifts the burden of project financing to contractors and subcontractors. This legislation provides certainty of regular payment for work properly performed and invoiced. The new prompt pay provisions will play an essential role in keeping cash flowing through the life of a construction project. Annual release of lien holdbacks will also free up cash much earlier than under the past legislation.”
Trevor Doucette, senior vice-chair, Alberta Construction Association
“As general contractors, we are prepared to implement prompt payment for our subcontractors and suppliers, ensuring we continue to lead by example in the industry. We look forward to the successful implementation of prompt payment and adjudication in Alberta, which would not have happened without this partnership between industry and government.”
Jason Portas, Alberta chair, General Contractors Alliance of Canada
“On behalf of the hard-working tradespeople and construction trade business owners of Alberta, we are looking forward to the implementation of prompt payment in our province. The ATCC was formed in 2014 with the primary purpose of achieving prompt payment legislation and has been advocating to the Alberta government since then for its implementation. On behalf of the 11 trade contractor associations that are ATCC members, we celebrate the government on this great achievement.”
Terry Milot, chair, Alberta Trade Contractors Council
While amounts owing of under $15K may represent a substantial sum to many contractors, Applicants are cautioned that ARCANA (AB) construction adjudication services are not free. Appointment and adjudicator fees begin at almost $3000, and are often initially borne by the Applicant. The Adjudicator may or may not allocate the cost of the adjudication in any one party’s favour. For those collecting on an Adjudicator’s order, ARCANA (AB) does not provide enforcement services when debts remain unpaid, potentially incurring more cost to those owed money. ARCANA (AB) wants such Applicants to be fully aware of ALL their resolution options:
1) Prompt Payment Construction Adjudication with ARCANA (AB) as detailed in these webpages;
2) Civil Claims Mediation or Litigation, with or without legal representation, for sums up to $100,000. There are additional details regarding this option that you can access from this ARCANA (AB) webpage. Application fees are very low, and Applicants are strongly encouraged to request the FREE mediation option which can achieve resolution faster without added expense; and
3) Register a Lien. ARCANA (AB) does not provide advice or guidance on this option, but note that liens must be registered within 60 days.
The construction industry is a multi-billion dollar sector of Alberta’s economy that creates thousands of jobs for Albertans.
Payment timelines for Alberta’s construction industry, along with timelines for filing liens and rules for adjudication in the event of a payment dispute, are outlined in the Prompt Payment and Construction Lien Act, the Prompt Payment and Adjudication Regulation, and the Prompt Payment and Construction Lien Forms Regulation.
All new construction contracts in Alberta must adhere to the rules of the Prompt Payment and Construction Lien Act as of August 29, 2022.
Existing contracts that are scheduled to end before August 29, 2024 do not need to be changed to adhere to the new rules. Existing contracts that extend beyond August 29, 2024 have to become compliant by August 29, 2024.
A roster of ARCANA (AB) Qualified Adjudicators is now posted on the ADRIA online directory at https://adralberta.com/directory/. Under ADR Services please select ARCANA Construction Adjudicator to view the available roster adjudicators in random order. Only these adjudicators are allowed to conduct Prompt Payment Construction Adjudications in accordance with the legislation.
Please note that contacting an adjudicator directly will compromise their ability to accept a file. If you must contact an adjudicator to confirm any aspect of their qualifications, suitability or experience, please do so by email and carbon copy (cc) the other party and their legal representative. Any potential adjudicator will, in turn, Respond to All without compromising their neutrality.
Prompt Payment Construction Adjudications under the PPCLA Legislation are intended to provide the construction sector and the public with quick, accessible, affordable and enforceable Determinations and Orders – usually in under 60 days. The PPCLA allows disputants in the construction sector to avoid lengthy and costly litigation in the Courts.
As noted in the fee schedule the appointed adjudicator may require a retainer to be paid when the adjudication is initiated. While it is preferable that the disputing parties share the cost of the retainer, in order to ensure that the adjudication can proceed without delay, the applicant should be prepared to pay the full cost at the outset. Note that Regulation 13(3) specifies that any costs and other charges related to an adjudication shall be equally divided among the parties unless the adjudicator directs otherwise. ARCANA (AB) requires its adjudicators to carefully consider whether these cost should be shared equally or unequally, and to include this decision in the Adjudication Order in compliance with Regulation 26(2).
In accordance with section 13(3) of the PPCLA Regulation 23/2022 dated February 25, 2022, when making their Determination and Order regarding the cost and other charges related to the adjudication, ARCANA adjudicators shall be limited to the following:
a. Appointment fee paid by the parties to ARCANA(AB): and
b. Fees and disbursements charged by the Adjudicator to the parties including any costs incurred by the Adjudicator arising from any of the powers exercised in accordance with section 25(1) of the PPCLA Regulation.
Please add 5% GST to all fees specified in the ARCANA (AB) Fee Schedule below:
There is no fee to issue a Notice of Adjudication but, once issued, it is incumbent upon the Applicant to immediately:
A) Work towards resolution with the Respondent if practical;
B) If not resolved, try to agree upon an adjudicator to reduce the Appointment Fee by half; and
C) Keep ARCANA (AB) informed and complete the Application Form if the adjudication appointment is to proceed.
ARCANA (AB) will issue an Application Form and instructions upon receipt of the Notice of Adjudication, but if the adjudication is to proceed, the actions above MUST be undertaken by the Applicant in the four (4) working days following issuance of the Notice. Specifically, this includes completion of the ARCANA (AB) Application Form and payment of the Appointment Fee (usually with reference to Column B and Notes to the ARCANA (AB) Fee Schedule). If the dispute is resolved, or the adjudication is to be discontinued after issuing a Notice of Adjudication, ARCANA (AB) must be informed. Once appointed, the adjudicator will issue further instructions in accordance with the legislated timelines.
The PPCLA legislation and regulation uses the terms “days” and “calendar days” to outline the adjudication process. Note that under the legislation “Calendar days” excludes weekends and most recognized holidays. The 11-step process below only uses the word “days”, noting that in most cases (but not all), this refers to working days. A notable exception is Regulation 26(1) [Step 4] where ARCANA (AB) believes that the legislated intent is 30 straight days – i.e. including weekends and holidays. For added clarity, refer to the legislation.
Action – The Applicant delivers a Notice of Adjudication to the Respondent and the Nominating Authority in the required form.
Includes a brief description of the dispute being submitted to for adjudication, and the redress sought (usually expressed to include a dollar value).
Specifies a preferred NA and adjudicator (if any) .
ARCANA (AB) will issue an application form to gather more details, and to detail the appointment and adjudicator fees.
Action – If practical, the Applicant and Respondent agree on the Adjudicator and notify the Nominating Authority.
Or, if agreement cannot be mutually agreed upon by the parties, any party to the dispute (normally the Applicant) must notify the Nominating Authority that they have been unable to reach an agreement on the selection of an Adjudicator, and request the Nominating Authority to appoint an Adjudicator on their behalf.
Timing – within 4 days of the delivery of the Notice of Adjudication, at which time the Appointment fee must be paid.
NOTE – if the Applicant does not intend to proceed to adjudication after the 4th day, the Nominating Authority must be advised immediately.
The parties are encouraged to communicate with each other during these 4 days and mutually agree upon an Adjudicator. To this end, the parties are encouraged to identify and exclude any Adjudicators that might have a Conflict of Interest, or be otherwise les suitable for the dispute at hand. Similarly, any party can communicate their preferences for an appointed Adjudicator. Direct one-party written or verbal communications with potential Adjudicators are NOT encouraged, as such communications would compromise the Adjudicator. If direct written communications with potential Adjudicators are initiated by any party prior to the appointment, then all other parties to the dispute must be copied.
In all circumstances, the Nominating Authority will confirm the availability, suitability, and willingness of the Adjudicator before appointing.
Action – The Nominating Authority appoints either the Adjudicator agreed to by the parties, or an Adjudicator who the Nominating Authority deems qualified to adjudicate the dispute between the parties, and notifies the parties of the appointment.
The adjudicator may issue directions to the parties at this stage regarding the conduct of the adjudication. Such directions may also be issued during the course of the adjudication process (see Step 6 below).
Timing – within 7 days of Step 2.
Action – The Applicant must deliver to the Adjudicator and the Respondent, the following materials:
•The Notice of Adjudication;
•A copy of the contract or subcontract, as the case may be; and
•Copies of all documents that the Applicant intends to rely on to prove its claim.
The documents should include a brief summary of the basis for the Applicant’s claim.
ARCANA (AB) provides a secure document transmission app (BOX)
Timing – within 5 days of the appointment of the Adjudicator under Step 3, or such other time as may be directed by the Adjudicator.
This starts the 30-day clock i.e. the timeframe within which the adjudicator must make a determination of the dispute, unless extensions are granted
Action – The Respondent must deliver to the Adjudicator, and the Applicant, its response which should include the following materials:
•A brief description of the basis upon which the Respondent disputes the Applicant’s claim; and
•Copies of all documents that the Respondent intends to rely on to dispute the Applicant’s claim.
Timing – within 12 days of receipt of the Applicant’s materials under Step 4, or such other time as may be directed by the Adjudicator.
Action – At the Adjudicator’s discretion, the Adjudicator may issue directions to, or seek clarifications from, the parties to the dispute.
The Adjudicator shall also give notice to the parties that the Adjudicator has in its possession all the documents and information required to make a determination.
This is where a site visit, hearing or expert witness could be directed.
Timing – In Adjudicator’s discretion
Action – The Adjudicator delivers to the parties and to the Nominating Authority their written determination of the dispute and a corresponding formal Order.
Timing – within 30 days of receipt of the materials from the Applicant under Step 4.
The Adjudicator may extend this timeline (or any deadline) by up to 10-day increments if necessary or by agreement.
In accordance with section 13(3) of the PPCLA Regulation 23/2022 dated February 25, 2022, when making their Determination and Order regarding the cost and other charges related to the adjudication, ARCANA adjudicators shall be limited to the following:
a. Appointment fee paid by the parties to ARCANA(AB): and
b. Fees and disbursements charged by the Adjudicator to the parties including any costs incurred by the Adjudicator arising from any of the powers exercised in accordance with section 25(1) of the PPCLA Regulation.
Timing – within 4 days after Determination is made the parties to the adjudication must seek a correction of any typographical error in the Order.
Action – The Nominating Authority certifies the Order and sends a copy of the Order to the parties.
Timing – within 7 days of the Nominating Authority’s receipt of the determination and Order under Step 7.
Action – The party seeking enforcement of the Order may file the Order with the Clerk of the Court.
When filed with the Clerk of the Court, the Order has the same legal effect as an Order of the Court.
Timing – If unpaid, 30 days after the delivery of the certified determination and Order of the Adjudicator from the NA under Step 9.
OR – Judicial Review is requested within this same 30 days.
Action – Party seeking enforcement of the Adjudicator’s Order delivers to the other party written notice of the registration of the Order with the Clerk of the Court.
Timing – within 10 days of the registration of the Order under Step 10.
Under the PPCLA, a Nominating Authority is required to:
The Nominating Authority ARCANA (AB) functions as a partnership between the ADR Institute of Alberta (ADRIA), the ADR Institute of Canada (ADRIC), and the Royal Institution of Chartered Surveyors (RICS).
For more information on Prompt Payment Construction Adjudication or how to initiate the adjudication process, contact arcana@adralberta.com or call/text 780-245-4042.
An alternative and cost-effective option for smaller construction prompt payment disputes is Civil Claim Court, and free mediation services that the parties can request or be directed to. Claims of up to $100,000 can be referred to the Alberta Court of Justice Civil Division. Filing fees are low, and many such files are diverted to a half day of free mediation – especially when mediation is requested by the applicant or parties to the dispute. Successful mediated outcomes can be filed as court documents, and mediations can be scheduled much earlier than court dates. If a mediated settlement is not reached, you can still proceed to trial. You can find full details on the following websites:
https://albertacourts.ca/cj/areas-of-law/civil/claims/filing
https://www.alberta.ca/civil-mediation.aspx
TBA
Neither the Courts nor ARCANA (AB) provide enforcement services. Any party to a dispute that is still owed payment more than 30 days after a construction adjudicator’s order is certified should consult Steps 10 and 11 of the 11-step ARCANA (AB) Adjudication process AND the attached guide. Legal counsel is recommended.
Complaints and Discipline Policy
Each of the three partners of ARCANA (AB) currently maintains its own Complaints and Discipline Policies. Steps are currently underway to harmonize these policies with a view to the adoption of single, harmonized ARCANA (AB) Complaints, Determination and Discipline Policy for Construction Adjudication. While all three policies rely on Fairness, due process and the fundamentals of Natural Justice, RICS has the most experience with Construction Adjudication and the nature of complaints that may arise. For this reason, ARCANA (AB) will initially rely on a modified RICS policy, engaging both ADR Institutes, should there be an early complaint. The GOA will be advised as soon as a harmonized policy is adopted.
Interim ARCANA (AB) Complaints Policy
Complaints Procedure (CP) Content Outline:
1. Overview
· Purpose of the customer complaints procedure
2. Matters that may investigated
· Background
· Types of complaints ARCANA (AB) can investigate
· Types of complaints ARCANA (AB) cannot investigate
3. The investigation
· Costs
· What happens during the investigation?
· Potential outcomes
4. Practical information
· Contact details
· Time limits
· Withdrawal of a complaint
Overview
Purpose of this complaint procedure
ARCANA (AB) has adapted this complaints procedure on an interim basis to ensure that those parties who use the services of ARCANA (AB) to source the nomination of construction adjudicators, continue to have confidence in the professionalism and competence of the services we provide and the adjudicators we nominate.
All adjudicators who are nominated by ARCANA (AB), or are on the ARCANA (AB) roster of adjudicators, and hold themselves out as being able to discharge the role of adjudicator, are covered by this complaint procedure.
The purpose of this policy is to ensure that parties to an adjudication, their professional representatives and adjudicators on the ARCANA (AB) roster are fully aware of the procedure that will be followed when a complaint has been received regarding an adjudication or adjudicator.
This document provides an explanation of the matters that are within the scope of the complaint procedure, a step-by-step guide to the process of investigation that will take place, and a summary of recourse or corrective measures that can be considered.
Matters that may be investigated
This procedure for investigating complaints applies to all adjudicators who are on the ARCANA (AB) roster.
We may, at our discretion, refer an allegation relating to the personal and/or professional conduct of an adjudicator to their professional regulatory body, if applicable. Such a referral may, in addition to any steps taken by ARCANA (AB) under this complaint procedure, lead to disciplinary action against the dispute resolver. Examples of conduct which may fall within this category include demonstrations of abuse (verbal/physical), discriminatory or biased behavior, or a deliberate or reckless failure to declare a conflict of interest.
ARCANA (AB) has an unfettered discretion as to who is or is not included on the roster of adjudicators and can decide whether or not to temporarily, or permanently, remove any adjudicator from the roster. Normally, a decision to remove an adjudicator from the roster will be taken to safeguard the interests of parties to adjudications.
Types of complaints ARCANA (AB) can investigate
We can investigate complaints relating to the competencies reasonably expected of an adjudicator on the ARCANA (AB) roster. For example:
a) Inadequate case management including inadequately setting out and communicating the process at the outset; haphazardly requesting paperwork; inefficiently organizing evidence and representations; failing, as far as possible, to ensure that all information provided by the parties or obtained by his or her own efforts, is equally shared with all parties to a dispute
b) Poor time management including failing to adhere to relevant prescribed timetables and time limits; repeatedly cancelling meetings without good reason; late billing of costs (including fees)
c) Complaints relating to an adjudicator’s personal and/or professional conduct in the course of acting as an adjudicator in respect of the parties or others associated with the adjudication process but not directly integral to the decision-making process itself.
Types of complaints ARCANA (AB) cannot investigate
ARCANA (AB) authority does not extend to any issue relating to:
a) The merits or otherwise of decision by the adjudicator on the substantive disputes. This includes the reasoning provided by the adjudicator for the decision; the inclusion or exclusion of, or weight given, to evidence; any matters that go to the merits of rulings by the adjudicator on their jurisdiction or other preliminary or ancillary matters;
b) The reasonableness of an adjudicator’s decision on allocation of costs (if applicable);
Continuing, ARCANA (AB) may not:
c) Enquire into, or in any way interfere with, any on-going dispute resolution process, such as arbitration or litigation;
d) Order an adjudicator to revisit, change, or withdraw a decision; or
e) Consider any allegation of professional negligence relating to the decision of an adjudicator or to instruct an adjudicator to pay compensation based on alleged negligence or any other cause of action.
These issues may only be determined by a Court of Law.
The Investigation
Costs
There is no charge made to either a complainant or adjudicator for a complaint to be lodged with ARCANA (AB), or for undertaking an investigation into a complaint.
What happens during the investigation?
ARCANA (AB) will always attempt to contact the adjudicator by telephone in the first instance to inform him/her that a complaint has been received. In the event that we are unable to speak with the adjudicator, an email will be sent.
Should ARCANA (AB) consider that the complaint does not fall within our remit, a response will be sent to the complainant which will explain the reasons why we are unable to pursue the matter further. The adjudicator may be informed of this outcome, only if he or she has been notified of the complaint before the decision has been made not to pursue the matter.
If ARCANA (AB) considers that all or part of a complaint falls within our remit, the following procedure will be undertaken:
a) ARCANA (AB) will invite the adjudicator to respond to the complaint in writing and we will give a deadline date for the response. A full copy of the complainant’s correspondence will be provided to the adjudicator to ensure they are aware of the issues that need to be addressed. Please note the deadline to respond may be extended by request.
b) ARCANA (AB) will consider any response received from the adjudicator and inform both the complainant and the adjudicator of the next steps.
c) ARCANA (AB) may at any stage seek advice from others within or outside of RICS ADRIC. This may include professionals experienced in adjudication law, practice and procedures, or in the subject matter of the complaint.
d) ARCANA (AB) may at any stage contact the other party or parties to the adjudication and may at our sole discretion seek their comments and observations on the matters raised in the complaint.
e) ARCANA (AB) will consider the matter further and make a decision. We will write to the complainant, the adjudicator and, if appropriate, any other parties to advise them of the outcome.
Potential outcomes
The purpose of an investigation is to ensure the excellence of service provided by the adjudicators appointed by ARCANA (AB). Our objective is therefore not necessarily to punish, but to ensure that adjudicators are fully aware of and at all times act in full compliance with the high standards required of them by ARCANA (AB). Possible outcomes include:
Where an adjudicator has made a minor error in practice or procedure, and the complaint overall is not considered serious, he/she will be given advice and guidance on how to proceed in future disputes where he/she is appointed, so as to avoid similar complaints
Where an adjudicator has not discharged his/her role adequately and this has inconvenienced a complainant, but has not caused serious disadvantage, he/she may be warned as to future conduct, and notified that any further failures to perform adequately could result in suspension or removal from the roster from which appointments are made
Where an investigation determines that an adjudicator is significantly weak in a particular area, he/she may be suspended from the roster from which appointments are made until such time as ARCANA (AB) is satisfied that he/she has addressed the matter through training/coaching.
In addition, all adjudicators undertake regular reassessments, and where a complaint has been received, ARCANA (AB) may bring the complaint to the attention of the Reassessment Board for consideration.
Where an investigation uncovers serious shortcomings in terms of the ability of an adjudicator to discharge his/her role, and ARCANA (AB) considers that the shortcomings have not, or cannot, be resolved by further training or coaching, ARCANA (AB) may remove an adjudicator from the roster from which appointments are made.
Practical information regarding complaints
ARCANA (AB) contact details
Should you be asked by ARCANA (AB) to provide further information or to respond to a complaint, please reply directly to the member of staff who has written to you.
Please note that, while ARCANA (AB) will offer state-of-the-art confidentiality via BOX relating to file correspondence in each and every complaint, no email system can be
guaranteed to be 100% secure. ARCANA (AB) cannot be held responsible for email service/internet system failures and/or downtime.
Time limits
A complaint must be made within twelve months of the act(s) complained of, or twelve months of the completion of the appointment, whichever is the later. (In exceptional circumstances, ARCANA (AB) may extend this time limit).
In most circumstances, a complaint can only be investigated where the adjudication (including any decision as to costs) has been completed and any appeal process exhausted. A complaint cannot normally be investigated until any active legal action against the adjudicator has been finalized.
Withdrawal of a complaint
Should a complaint be withdrawn or resolved informally, ARCANA (AB) may inform the adjudicator in writing.
ADDITIONAL REFERENCES:
RICS – Raising Concerns about Regulated Members:
https://www.rics.org/uk/footer/contact-us/concerns/
ADRIC – Complaints & Discipline Policy:
ADRIA – Complaint Resolution Policy:
The partnership between the ADR Institute of Alberta (ADRIA), The ADR Institute of Canada, Inc. (ADRIC) and the Royal Institution of Chartered Surveyors (RICS) as the ADR Institutes / RICS Construction Adjudication Nominating Authority (Alberta) [ARCANA (AB)] brings together three organizations with long-established records of performance in the development and implementation of dispute resolution services in many commercial sectors, notably construction.
The Royal Institution of Chartered Surveyors (RICS) is a global leader in the provision of adjudication services to the construction industry and has nominated in excess of 20,000 adjudicators over the past 24 years pursuant to statutory and contractual regimes in the UK, Australia, New Zealand, Southern Africa and the Republic of Ireland. The RICS training, accreditation and performance monitoring programs for construction adjudicators are regarded as the gold standard by industry professionals and users of adjudication globally. https://www.rics.org/
The ADR Institute of Canada (ADRIC) is Canada’s leading ADR professional organization and presides as the national body of the seven regional affiliate bodies of the ADR Institutes in Canada. It has established benchmarks for best practice for ADR professionals across Canada and offers highly respected and sought-after professional designations. ADRIC members include Canada’s top dispute resolution professionals many of whom are skilled and experienced in construction industry law and practice. ADRIC and RICS have also partnered at the Federal level with the intent of responding to the Canadian Government’s Prompt Payment Adjudication legislation, and are working with individual Affiliates across Canada to support existing and future Provincial Construction Adjudication initiatives. https://adric.ca/
The ADR Institute of Alberta (ADRIA) is well known to the Provincial Government as Alberta’s professional association of mediators, arbitrators, adjudicators and other ADR practitioners, and the source of ADR expertise in Alberta. ADRIA functions as an independent Regional Affiliate of ADRIC in the delivery of highly qualified and credentialed ADR professionals in all sectors of Alberta’s economic and civil life. For over 20 years ADRIA has administered the Canadian Motor Vehicle Arbitration Plan (CAMVAP) in Western Canada, in partnership with the CAMVAP national body. ADRIA has represented the new ARCANA (AB) partnership throughout Service Alberta’s consultation process and the drafting of prompt payment adjudication legislation and directives. https://adralberta.com/
ARCANA (AB) hosted a highly successful Construction Adjudication Prompt Payment Symposium on April 20th, 2023 in Calgary, featuring speakers from the UK and multiple Provinces. Symposium activities for 2024 are now being planned. Visit https://adralberta.com/events/construction-adjudication-symposium/ or contact arcana@adralberta.com for more details and sponsorship opportunities.
Anyone interested in joining the ARCANA (AB) roster of professional construction adjudicators must have at least 10 years of experience in the construction sector, as required by the PPCLA Regulation. Applicants must also register and complete the National ADR Canada / RICS online Construction Adjudicator training program. Details can be found on the ADRIA and ADRIC websites, or by contacting arcana@adralberta.com .
Construction adjudication training will cover the Alberta legislation (and other jurisdictions), and is the minimum training requirement for construction adjudicators in Alberta accepted onto the ARCANA (AB) roster, and in Saskatchewan, and likely in other provinces. Please note that completion of this training is not a guarantee of acceptance on the Alberta roster, as ARCANA (AB) is required to offer a balanced roster covering a broad spectrum of construction sector and legal expertise. Roster adjudicators are also required to hold an ADRIA membership, professional insurance and maintain their professional designations.
TBA
Prompt Payment Construction Adjudications under the PPCLA Legislation are intended to provide the construction sector and the public with quick, accessible, affordable and enforceable Determinations and Orders – usually in under 60 days. The PPCLA allows disputants in the construction sector to avoid lengthy and costly litigation in the Courts.
Construction Adjudication Determinations and Orders are confidential, provided they are complied with. Construction Adjudication Orders are as enforceable as Court Orders. However, parties should note that neither the Courts nor ARCANA (AB) provide enforcement services.
As noted in the fee schedule, the appointed adjudicator may require a retainer to be paid when the adjudication is initiated. While it is preferable that the disputing parties share the cost of the retainer, the applicant should be prepared to pay the full cost at the outset – noting that the adjudicator has the authority to allocate the total cost of the adjudication equally or unequally between the parties as part of the final Determination and Order.
For more information on Prompt Payment Construction Adjudication or how to initiate the adjudication process, please consult the drop down menus above or contact an agent by emailing arcana@adralberta.com or texting 780-245-4042.
Formerly known as the Builder’s Lien Act, the Prompt Payment and Construction Lien Act is now in force. The new act creates rules for the timing of payments and sets out a streamlined adjudication process for disputes related to payment or work performed as an alternative to court.
Prompt payment is introduced by mandating owners to provide payment to their contractors within 28 days of receiving a proper invoice for construction services and requires that those contractors who receive payment from an owner subsequently pay their subcontractors within seven days.
The new act applies to all private construction contracts in Alberta created on or after Aug. 29, 2022. Current contracts that extend past two years must become compliant with the new rules by Aug. 29, 2024.
“The Alternative Dispute Resolution (ADR) Institutes/Royal Institution of Chartered Surveyors (RICS) Nominating Authority is pleased to offer the services of its trained adjudicators as an approved Nominating Authority (NA) to resolve a full range of potential disputes in Alberta. We offer significant experience in all sectors and our adjudicators will be fully qualified to resolve prompt payment and other construction-related disputes that arise.”
Paul Conway, Executive Director, ADR Institute of Alberta
“Albertans in the construction industry have been advocating for prompt payment legislation for nearly 10 years, so I am excited to celebrate this important milestone. I am proud of the work that Alberta’s government did, collaborating over the last three years with members of the construction industry to develop and pass legislation that will protect jobs and unlock cash flow in this multibillion-dollar industry that employs hundreds of thousands of Albertans.”
Nate Glubish, Minister of Service Alberta
“Payment practices in Alberta have deteriorated over many years. Accounts receivable frequently in excess of 60 days shifts the burden of project financing to contractors and subcontractors. This legislation provides certainty of regular payment for work properly performed and invoiced. The new prompt pay provisions will play an essential role in keeping cash flowing through the life of a construction project. Annual release of lien holdbacks will also free up cash much earlier than under the past legislation.”
Trevor Doucette, senior vice-chair, Alberta Construction Association
“As general contractors, we are prepared to implement prompt payment for our subcontractors and suppliers, ensuring we continue to lead by example in the industry. We look forward to the successful implementation of prompt payment and adjudication in Alberta, which would not have happened without this partnership between industry and government.”
Jason Portas, Alberta chair, General Contractors Alliance of Canada
“On behalf of the hard-working tradespeople and construction trade business owners of Alberta, we are looking forward to the implementation of prompt payment in our province. The ATCC was formed in 2014 with the primary purpose of achieving prompt payment legislation and has been advocating to the Alberta government since then for its implementation. On behalf of the 11 trade contractor associations that are ATCC members, we celebrate the government on this great achievement.”
Terry Milot, chair, Alberta Trade Contractors Council
While amounts owing of under $15K may represent a substantial sum to many contractors, Applicants are cautioned that ARCANA (AB) construction adjudication services are not free. Appointment and adjudicator fees begin at almost $3000, and are often initially borne by the Applicant. The Adjudicator may or may not allocate the cost of the adjudication in any one party’s favour. For those collecting on an Adjudicator’s order, ARCANA (AB) does not provide enforcement services when debts remain unpaid, potentially incurring more cost to those owed money. ARCANA (AB) wants such Applicants to be fully aware of ALL their resolution options:
1) Prompt Payment Construction Adjudication with ARCANA (AB) as detailed in these webpages;
2) Civil Claims Mediation or Litigation, with or without legal representation, for sums up to $100,000. There are additional details regarding this option that you can access from this ARCANA (AB) webpage. Application fees are very low, and Applicants are strongly encouraged to request the FREE mediation option which can achieve resolution faster without added expense; and
3) Register a Lien. ARCANA (AB) does not provide advice or guidance on this option, but note that liens must be registered within 60 days.
The construction industry is a multi-billion dollar sector of Alberta’s economy that creates thousands of jobs for Albertans.
Payment timelines for Alberta’s construction industry, along with timelines for filing liens and rules for adjudication in the event of a payment dispute, are outlined in the Prompt Payment and Construction Lien Act, the Prompt Payment and Adjudication Regulation, and the Prompt Payment and Construction Lien Forms Regulation.
All new construction contracts in Alberta must adhere to the rules of the Prompt Payment and Construction Lien Act as of August 29, 2022.
Existing contracts that are scheduled to end before August 29, 2024 do not need to be changed to adhere to the new rules. Existing contracts that extend beyond August 29, 2024 have to become compliant by August 29, 2024.
A roster of ARCANA (AB) Qualified Adjudicators is now posted. Only these adjudicators are allowed to conduct Prompt Payment Construction Adjudications in accordance with the legislation.
Please note that contacting an adjudicator directly will compromise their ability to accept a file. If you must contact an adjudicator to confirm any aspect of their qualifications, suitability or experience, please do so by email and carbon copy (cc) the other party and their legal representative. Any potential adjudicator will, in turn, Respond to All without compromising their neutrality.
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Prompt Payment Construction Adjudications under the PPCLA Legislation are intended to provide the construction sector and the public with quick, accessible, affordable and enforceable Determinations and Orders – usually in under 60 days. The PPCLA allows disputants in the construction sector to avoid lengthy and costly litigation in the Courts.
As noted in the fee schedule the appointed adjudicator may require a retainer to be paid when the adjudication is initiated. While it is preferable that the disputing parties share the cost of the retainer, in order to ensure that the adjudication can proceed without delay, the applicant should be prepared to pay the full cost at the outset. Note that Regulation 13(3) specifies that any costs and other charges related to an adjudication shall be equally divided among the parties unless the adjudicator directs otherwise. ARCANA (AB) requires its adjudicators to carefully consider whether these cost should be shared equally or unequally, and to include this decision in the Adjudication Order in compliance with Regulation 26(2).
In accordance with section 13(3) of the PPCLA Regulation 23/2022 dated February 25, 2022, when making their Determination and Order regarding the cost and other charges related to the adjudication, ARCANA adjudicators shall be limited to the following:
a. Appointment fee paid by the parties to ARCANA(AB): and
b. Fees and disbursements charged by the Adjudicator to the parties including any costs incurred by the Adjudicator arising from any of the powers exercised in accordance with section 25(1) of the PPCLA Regulation.
Please add 5% GST to all fees specified in the ARCANA (AB) Fee Schedule below:
There is no fee to issue a Notice of Adjudication but, once issued, it is incumbent upon the Applicant to immediately:
A) Work towards resolution with the Respondent if practical;
B) If not resolved, try to agree upon an adjudicator to reduce the Appointment Fee by half; and
C) Keep ARCANA (AB) informed and complete the Application Form if the adjudication appointment is to proceed.
ARCANA (AB) will issue an Application Form and instructions upon receipt of the Notice of Adjudication, but if the adjudication is to proceed, the actions above MUST be undertaken by the Applicant in the four (4) working days following issuance of the Notice. Specifically, this includes completion of the ARCANA (AB) Application Form and payment of the Appointment Fee (usually with reference to Column B and Notes to the ARCANA (AB) Fee Schedule). If the dispute is resolved, or the adjudication is to be discontinued after issuing a Notice of Adjudication, ARCANA (AB) must be informed. Once appointed, the adjudicator will issue further instructions in accordance with the legislated timelines.
The PPCLA legislation and regulation uses the terms “days” and “calendar days” to outline the adjudication process. Note that under the legislation “Calendar days” excludes weekends and most recognized holidays. The 11-step process below only uses the word “days”, noting that in most cases (but not all), this refers to working days. A notable exception is Regulation 26(1) [Step 4] where ARCANA (AB) believes that the legislated intent is 30 straight days – i.e. including weekends and holidays. For added clarity, refer to the legislation.
Action – The Applicant delivers a Notice of Adjudication to the Respondent and the Nominating Authority in the required form.
Includes a brief description of the dispute being submitted to for adjudication, and the redress sought (usually expressed to include a dollar value).
Specifies a preferred NA and adjudicator (if any) .
ARCANA (AB) will issue an application form to gather more details, and to detail the appointment and adjudicator fees.
Action – If practical, the Applicant and Respondent agree on the Adjudicator and notify the Nominating Authority.
Or, if agreement cannot be mutually agreed upon by the parties, any party to the dispute (normally the Applicant) must notify the Nominating Authority that they have been unable to reach an agreement on the selection of an Adjudicator, and request the Nominating Authority to appoint an Adjudicator on their behalf.
Timing – within 4 days of the delivery of the Notice of Adjudication, at which time the Appointment fee must be paid.
NOTE – if the Applicant does not intend to proceed to adjudication after the 4th day, the Nominating Authority must be advised immediately.
The parties are encouraged to communicate with each other during these 4 days and mutually agree upon an Adjudicator. To this end, the parties are encouraged to identify and exclude any Adjudicators that might have a Conflict of Interest, or be otherwise les suitable for the dispute at hand. Similarly, any party can communicate their preferences for an appointed Adjudicator. Direct one-party written or verbal communications with potential Adjudicators are NOT encouraged, as such communications would compromise the Adjudicator. If direct written communications with potential Adjudicators are initiated by any party prior to the appointment, then all other parties to the dispute must be copied.
In all circumstances, the Nominating Authority will confirm the availability, suitability, and willingness of the Adjudicator before appointing.
Action – The Nominating Authority appoints either the Adjudicator agreed to by the parties, or an Adjudicator who the Nominating Authority deems qualified to adjudicate the dispute between the parties, and notifies the parties of the appointment.
The adjudicator may issue directions to the parties at this stage regarding the conduct of the adjudication. Such directions may also be issued during the course of the adjudication process (see Step 6 below).
Timing – within 7 days of Step 2.
Action – The Applicant must deliver to the Adjudicator and the Respondent, the following materials:
•The Notice of Adjudication;
•A copy of the contract or subcontract, as the case may be; and
•Copies of all documents that the Applicant intends to rely on to prove its claim.
The documents should include a brief summary of the basis for the Applicant’s claim.
ARCANA (AB) provides a secure document transmission app (BOX)
Timing – within 5 days of the appointment of the Adjudicator under Step 3, or such other time as may be directed by the Adjudicator.
This starts the 30-day clock i.e. the timeframe within which the adjudicator must make a determination of the dispute, unless extensions are granted
Action – The Respondent must deliver to the Adjudicator, and the Applicant, its response which should include the following materials:
•A brief description of the basis upon which the Respondent disputes the Applicant’s claim; and
•Copies of all documents that the Respondent intends to rely on to dispute the Applicant’s claim.
Timing – within 12 days of receipt of the Applicant’s materials under Step 4, or such other time as may be directed by the Adjudicator.
Action – At the Adjudicator’s discretion, the Adjudicator may issue directions to, or seek clarifications from, the parties to the dispute.
The Adjudicator shall also give notice to the parties that the Adjudicator has in its possession all the documents and information required to make a determination.
This is where a site visit, hearing or expert witness could be directed.
Timing – In Adjudicator’s discretion
Action – The Adjudicator delivers to the parties and to the Nominating Authority their written determination of the dispute and a corresponding formal Order.
Timing – within 30 days of receipt of the materials from the Applicant under Step 4.
The Adjudicator may extend this timeline (or any deadline) by up to 10-day increments if necessary or by agreement.
In accordance with section 13(3) of the PPCLA Regulation 23/2022 dated February 25, 2022, when making their Determination and Order regarding the cost and other charges related to the adjudication, ARCANA adjudicators shall be limited to the following:
a. Appointment fee paid by the parties to ARCANA(AB): and
b. Fees and disbursements charged by the Adjudicator to the parties including any costs incurred by the Adjudicator arising from any of the powers exercised in accordance with section 25(1) of the PPCLA Regulation.
Timing – within 4 days after Determination is made the parties to the adjudication must seek a correction of any typographical error in the Order.
Action – The Nominating Authority certifies the Order and sends a copy of the Order to the parties.
Timing – within 7 days of the Nominating Authority’s receipt of the determination and Order under Step 7.
Action – The party seeking enforcement of the Order may file the Order with the Clerk of the Court.
When filed with the Clerk of the Court, the Order has the same legal effect as an Order of the Court.
Timing – If unpaid, 30 days after the delivery of the certified determination and Order of the Adjudicator from the NA under Step 9.
OR – Judicial Review is requested within this same 30 days.
Action – Party seeking enforcement of the Adjudicator’s Order delivers to the other party written notice of the registration of the Order with the Clerk of the Court.
Timing – within 10 days of the registration of the Order under Step 10.
Under the PPCLA, a Nominating Authority is required to:
The Nominating Authority ARCANA (AB) functions as a partnership between the ADR Institute of Alberta (ADRIA), the ADR Institute of Canada (ADRIC), and the Royal Institution of Chartered Surveyors (RICS).
For more information on Prompt Payment Construction Adjudication or how to initiate the adjudication process, contact arcana@adralberta.com or call/text 780-245-4042.
An alternative and cost-effective option for smaller construction prompt payment disputes is Civil Claim Court, and free mediation services that the parties can request or be directed to. Claims of up to $100,000 can be referred to the Alberta Court of Justice Civil Division. Filing fees are low, and many such files are diverted to a half day of free mediation – especially when mediation is requested by the applicant or parties to the dispute. Successful mediated outcomes can be filed as court documents, and mediations can be scheduled much earlier than court dates. If a mediated settlement is not reached, you can still proceed to trial. You can find full details on the following websites:
https://albertacourts.ca/cj/areas-of-law/civil/claims/filing
https://www.alberta.ca/civil-mediation.aspx
Neither the Courts nor ARCANA (AB) provide enforcement services. Any party to a dispute that is still owed payment more than 30 days after a construction adjudicator’s order is certified should consult Steps 10 and 11 of the 11-step ARCANA (AB) Adjudication process AND the attached guide. Legal counsel is recommended.
Complaints and Discipline Policy
Each of the three partners of ARCANA (AB) currently maintains its own Complaints and Discipline Policies. Steps are currently underway to harmonize these policies with a view to the adoption of single, harmonized ARCANA (AB) Complaints, Determination and Discipline Policy for Construction Adjudication. While all three policies rely on Fairness, due process and the fundamentals of Natural Justice, RICS has the most experience with Construction Adjudication and the nature of complaints that may arise. For this reason, ARCANA (AB) will initially rely on a modified RICS policy, engaging both ADR Institutes, should there be an early complaint. The GOA will be advised as soon as a harmonized policy is adopted.
Interim ARCANA (AB) Complaints Policy
Complaints Procedure (CP) Content Outline:
1. Overview
· Purpose of the customer complaints procedure
2. Matters that may investigated
· Background
· Types of complaints ARCANA (AB) can investigate
· Types of complaints ARCANA (AB) cannot investigate
3. The investigation
· Costs
· What happens during the investigation?
· Potential outcomes
4. Practical information
· Contact details
· Time limits
· Withdrawal of a complaint
Overview
Purpose of this complaint procedure
ARCANA (AB) has adapted this complaints procedure on an interim basis to ensure that those parties who use the services of ARCANA (AB) to source the nomination of construction adjudicators, continue to have confidence in the professionalism and competence of the services we provide and the adjudicators we nominate.
All adjudicators who are nominated by ARCANA (AB), or are on the ARCANA (AB) roster of adjudicators, and hold themselves out as being able to discharge the role of adjudicator, are covered by this complaint procedure.
The purpose of this policy is to ensure that parties to an adjudication, their professional representatives and adjudicators on the ARCANA (AB) roster are fully aware of the procedure that will be followed when a complaint has been received regarding an adjudication or adjudicator.
This document provides an explanation of the matters that are within the scope of the complaint procedure, a step-by-step guide to the process of investigation that will take place, and a summary of recourse or corrective measures that can be considered.
Matters that may be investigated
This procedure for investigating complaints applies to all adjudicators who are on the ARCANA (AB) roster.
We may, at our discretion, refer an allegation relating to the personal and/or professional conduct of an adjudicator to their professional regulatory body, if applicable. Such a referral may, in addition to any steps taken by ARCANA (AB) under this complaint procedure, lead to disciplinary action against the dispute resolver. Examples of conduct which may fall within this category include demonstrations of abuse (verbal/physical), discriminatory or biased behavior, or a deliberate or reckless failure to declare a conflict of interest.
ARCANA (AB) has an unfettered discretion as to who is or is not included on the roster of adjudicators and can decide whether or not to temporarily, or permanently, remove any adjudicator from the roster. Normally, a decision to remove an adjudicator from the roster will be taken to safeguard the interests of parties to adjudications.
Types of complaints ARCANA (AB) can investigate
We can investigate complaints relating to the competencies reasonably expected of an adjudicator on the ARCANA (AB) roster. For example:
a) Inadequate case management including inadequately setting out and communicating the process at the outset; haphazardly requesting paperwork; inefficiently organizing evidence and representations; failing, as far as possible, to ensure that all information provided by the parties or obtained by his or her own efforts, is equally shared with all parties to a dispute
b) Poor time management including failing to adhere to relevant prescribed timetables and time limits; repeatedly cancelling meetings without good reason; late billing of costs (including fees)
c) Complaints relating to an adjudicator’s personal and/or professional conduct in the course of acting as an adjudicator in respect of the parties or others associated with the adjudication process but not directly integral to the decision-making process itself.
Types of complaints ARCANA (AB) cannot investigate
ARCANA (AB) authority does not extend to any issue relating to:
a) The merits or otherwise of decision by the adjudicator on the substantive disputes. This includes the reasoning provided by the adjudicator for the decision; the inclusion or exclusion of, or weight given, to evidence; any matters that go to the merits of rulings by the adjudicator on their jurisdiction or other preliminary or ancillary matters;
b) The reasonableness of an adjudicator’s decision on allocation of costs (if applicable);
Continuing, ARCANA (AB) may not:
c) Enquire into, or in any way interfere with, any on-going dispute resolution process, such as arbitration or litigation;
d) Order an adjudicator to revisit, change, or withdraw a decision; or
e) Consider any allegation of professional negligence relating to the decision of an adjudicator or to instruct an adjudicator to pay compensation based on alleged negligence or any other cause of action.
These issues may only be determined by a Court of Law.
The Investigation
Costs
There is no charge made to either a complainant or adjudicator for a complaint to be lodged with ARCANA (AB), or for undertaking an investigation into a complaint.
What happens during the investigation?
ARCANA (AB) will always attempt to contact the adjudicator by telephone in the first instance to inform him/her that a complaint has been received. In the event that we are unable to speak with the adjudicator, an email will be sent.
Should ARCANA (AB) consider that the complaint does not fall within our remit, a response will be sent to the complainant which will explain the reasons why we are unable to pursue the matter further. The adjudicator may be informed of this outcome, only if he or she has been notified of the complaint before the decision has been made not to pursue the matter.
If ARCANA (AB) considers that all or part of a complaint falls within our remit, the following procedure will be undertaken:
a) ARCANA (AB) will invite the adjudicator to respond to the complaint in writing and we will give a deadline date for the response. A full copy of the complainant’s correspondence will be provided to the adjudicator to ensure they are aware of the issues that need to be addressed. Please note the deadline to respond may be extended by request.
b) ARCANA (AB) will consider any response received from the adjudicator and inform both the complainant and the adjudicator of the next steps.
c) ARCANA (AB) may at any stage seek advice from others within or outside of RICS ADRIC. This may include professionals experienced in adjudication law, practice and procedures, or in the subject matter of the complaint.
d) ARCANA (AB) may at any stage contact the other party or parties to the adjudication and may at our sole discretion seek their comments and observations on the matters raised in the complaint.
e) ARCANA (AB) will consider the matter further and make a decision. We will write to the complainant, the adjudicator and, if appropriate, any other parties to advise them of the outcome.
Potential outcomes
The purpose of an investigation is to ensure the excellence of service provided by the adjudicators appointed by ARCANA (AB). Our objective is therefore not necessarily to punish, but to ensure that adjudicators are fully aware of and at all times act in full compliance with the high standards required of them by ARCANA (AB). Possible outcomes include:
Where an adjudicator has made a minor error in practice or procedure, and the complaint overall is not considered serious, he/she will be given advice and guidance on how to proceed in future disputes where he/she is appointed, so as to avoid similar complaints
Where an adjudicator has not discharged his/her role adequately and this has inconvenienced a complainant, but has not caused serious disadvantage, he/she may be warned as to future conduct, and notified that any further failures to perform adequately could result in suspension or removal from the roster from which appointments are made
Where an investigation determines that an adjudicator is significantly weak in a particular area, he/she may be suspended from the roster from which appointments are made until such time as ARCANA (AB) is satisfied that he/she has addressed the matter through training/coaching.
In addition, all adjudicators undertake regular reassessments, and where a complaint has been received, ARCANA (AB) may bring the complaint to the attention of the Reassessment Board for consideration.
Where an investigation uncovers serious shortcomings in terms of the ability of an adjudicator to discharge his/her role, and ARCANA (AB) considers that the shortcomings have not, or cannot, be resolved by further training or coaching, ARCANA (AB) may remove an adjudicator from the roster from which appointments are made.
Practical information regarding complaints
ARCANA (AB) contact details
Should you be asked by ARCANA (AB) to provide further information or to respond to a complaint, please reply directly to the member of staff who has written to you.
Please note that, while ARCANA (AB) will offer state-of-the-art confidentiality via BOX relating to file correspondence in each and every complaint, no email system can be
guaranteed to be 100% secure. ARCANA (AB) cannot be held responsible for email service/internet system failures and/or downtime.
Time limits
A complaint must be made within twelve months of the act(s) complained of, or twelve months of the completion of the appointment, whichever is the later. (In exceptional circumstances, ARCANA (AB) may extend this time limit).
In most circumstances, a complaint can only be investigated where the adjudication (including any decision as to costs) has been completed and any appeal process exhausted. A complaint cannot normally be investigated until any active legal action against the adjudicator has been finalized.
Withdrawal of a complaint
Should a complaint be withdrawn or resolved informally, ARCANA (AB) may inform the adjudicator in writing.
ADDITIONAL REFERENCES:
RICS – Raising Concerns about Regulated Members:
https://www.rics.org/uk/footer/contact-us/concerns/
ADRIC – Complaints & Discipline Policy:
ADRIA – Complaint Resolution Policy:
The partnership between the ADR Institute of Alberta (ADRIA), The ADR Institute of Canada, Inc. (ADRIC) and the Royal Institution of Chartered Surveyors (RICS) as the ADR Institutes / RICS Construction Adjudication Nominating Authority (Alberta) [ARCANA (AB)] brings together three organizations with long-established records of performance in the development and implementation of dispute resolution services in many commercial sectors, notably construction.
The Royal Institution of Chartered Surveyors (RICS) is a global leader in the provision of adjudication services to the construction industry and has nominated in excess of 20,000 adjudicators over the past 24 years pursuant to statutory and contractual regimes in the UK, Australia, New Zealand, Southern Africa and the Republic of Ireland. The RICS training, accreditation and performance monitoring programs for construction adjudicators are regarded as the gold standard by industry professionals and users of adjudication globally. https://www.rics.org/
The ADR Institute of Canada (ADRIC) is Canada’s leading ADR professional organization and presides as the national body of the seven regional affiliate bodies of the ADR Institutes in Canada. It has established benchmarks for best practice for ADR professionals across Canada and offers highly respected and sought-after professional designations. ADRIC members include Canada’s top dispute resolution professionals many of whom are skilled and experienced in construction industry law and practice. ADRIC and RICS have also partnered at the Federal level with the intent of responding to the Canadian Government’s Prompt Payment Adjudication legislation, and are working with individual Affiliates across Canada to support existing and future Provincial Construction Adjudication initiatives. https://adric.ca/
The ADR Institute of Alberta (ADRIA) is well known to the Provincial Government as Alberta’s professional association of mediators, arbitrators, adjudicators and other ADR practitioners, and the source of ADR expertise in Alberta. ADRIA functions as an independent Regional Affiliate of ADRIC in the delivery of highly qualified and credentialed ADR professionals in all sectors of Alberta’s economic and civil life. For over 20 years ADRIA has administered the Canadian Motor Vehicle Arbitration Plan (CAMVAP) in Western Canada, in partnership with the CAMVAP national body. ADRIA has represented the new ARCANA (AB) partnership throughout Service Alberta’s consultation process and the drafting of prompt payment adjudication legislation and directives. https://adralberta.com/
ARCANA (AB) hosted a highly successful Construction Adjudication Prompt Payment Symposium on April 20th, 2023 in Calgary, featuring speakers from the UK and multiple Provinces. Symposium activities for 2024 are now being planned. Visit https://adralberta.com/events/construction-adjudication-symposium/ or contact arcana@adralberta.com for more details and sponsorship opportunities.
Anyone interested in joining the ARCANA (AB) roster of professional construction adjudicators must have at least 10 years of experience in the construction sector, as required by the PPCLA Regulation. Applicants must also register and complete the National ADR Canada / RICS online Construction Adjudicator training program. Details can be found on the ADRIA and ADRIC websites, or by contacting arcana@adralberta.com .
Construction adjudication training will cover the Alberta legislation (and other jurisdictions), and is the minimum training requirement for construction adjudicators in Alberta accepted onto the ARCANA (AB) roster, and in Saskatchewan, and likely in other provinces. Please note that completion of this training is not a guarantee of acceptance on the Alberta roster, as ARCANA (AB) is required to offer a balanced roster covering a broad spectrum of construction sector and legal expertise. Roster adjudicators are also required to hold an ADRIA membership, professional insurance and maintain their professional designations.
TBA
Prompt Payment Construction Adjudications under the PPCLA Legislation are intended to provide the construction sector and the public with quick, accessible, affordable and enforceable Determinations and Orders – usually in under 60 days. The PPCLA allows disputants in the construction sector to avoid lengthy and costly litigation in the Courts.
Construction Adjudication Determinations and Orders are confidential, provided they are complied with. Construction Adjudication Orders are as enforceable as Court Orders. However, parties should note that neither the Courts nor ARCANA (AB) provide enforcement services.
As noted in the fee schedule, the appointed adjudicator may require a retainer to be paid when the adjudication is initiated. While it is preferable that the disputing parties share the cost of the retainer, the applicant should be prepared to pay the full cost at the outset – noting that the adjudicator has the authority to allocate the total cost of the adjudication equally or unequally between the parties as part of the final Determination and Order.
For more information on Prompt Payment Construction Adjudication or how to initiate the adjudication process, please consult the drop down menus above or contact an agent by emailing arcana@adralberta.com or texting 780-245-4042.
Formerly known as the Builder’s Lien Act, the Prompt Payment and Construction Lien Act is now in force. The new act creates rules for the timing of payments and sets out a streamlined adjudication process for disputes related to payment or work performed as an alternative to court.
Prompt payment is introduced by mandating owners to provide payment to their contractors within 28 days of receiving a proper invoice for construction services and requires that those contractors who receive payment from an owner subsequently pay their subcontractors within seven days.
The new act applies to all private construction contracts in Alberta created on or after Aug. 29, 2022. Current contracts that extend past two years must become compliant with the new rules by Aug. 29, 2024.
“The Alternative Dispute Resolution (ADR) Institutes/Royal Institution of Chartered Surveyors (RICS) Nominating Authority is pleased to offer the services of its trained adjudicators as an approved Nominating Authority (NA) to resolve a full range of potential disputes in Alberta. We offer significant experience in all sectors and our adjudicators will be fully qualified to resolve prompt payment and other construction-related disputes that arise.”
Paul Conway, Executive Director, ADR Institute of Alberta
“Albertans in the construction industry have been advocating for prompt payment legislation for nearly 10 years, so I am excited to celebrate this important milestone. I am proud of the work that Alberta’s government did, collaborating over the last three years with members of the construction industry to develop and pass legislation that will protect jobs and unlock cash flow in this multibillion-dollar industry that employs hundreds of thousands of Albertans.”
Nate Glubish, Minister of Service Alberta
“Payment practices in Alberta have deteriorated over many years. Accounts receivable frequently in excess of 60 days shifts the burden of project financing to contractors and subcontractors. This legislation provides certainty of regular payment for work properly performed and invoiced. The new prompt pay provisions will play an essential role in keeping cash flowing through the life of a construction project. Annual release of lien holdbacks will also free up cash much earlier than under the past legislation.”
Trevor Doucette, senior vice-chair, Alberta Construction Association
“As general contractors, we are prepared to implement prompt payment for our subcontractors and suppliers, ensuring we continue to lead by example in the industry. We look forward to the successful implementation of prompt payment and adjudication in Alberta, which would not have happened without this partnership between industry and government.”
Jason Portas, Alberta chair, General Contractors Alliance of Canada
“On behalf of the hard-working tradespeople and construction trade business owners of Alberta, we are looking forward to the implementation of prompt payment in our province. The ATCC was formed in 2014 with the primary purpose of achieving prompt payment legislation and has been advocating to the Alberta government since then for its implementation. On behalf of the 11 trade contractor associations that are ATCC members, we celebrate the government on this great achievement.”
Terry Milot, chair, Alberta Trade Contractors Council
ARCANA (AB) Construction Prompt Payment AdjudicationRead More
Colm Brannigan is a Mediator, Arbitrator and ADR Trainer based in Guelph, Ontario. He holds an LL.M.(ADR) from Osgoode Hall Law School of York University from eons ago. Colm is a Fellow of the Chartered Institute of Arbitrators in the U.K. and a Chartered Med-Arbitrator through the ADR Institute of Canada. He has been a full-time ADR practitioner for over 25 years.
Colm is an acknowledged expert in the development of online dispute resolution (ODR) and med-arb processes and provides training in both ODR and med-arb. He is a co-author of ODR Yesterday Today Tomorrow (2022) which was the first book on ODR in Canada.
Building on his expertise in technology and ADR, Colm has developed some expertise in the use
of AI in ADR and incorporates AI into his practice and training.
He has been a speaker at the “AI and Mediation Conference”, a worldwide initiative presented
by Mediate.Com in the US. An article based on a transcript of this presentation; “Mediating
with Robots” is at 2023 Vol. 4 Journal of the Canadian Collaborative for Engagement & Conflict
Management at 2023 CanLIIDocs 2347.
Colm also presented on AI at the 2023 ADRIC Annual Conference in Halifax. Colm has taught ADR in the Faculty of Law at Queen’s University and at Humber College. He is a frequent guest lecturer at Osgoode Hall Law School and has also presented on a wide range of ADR topics in continuing education programs and conferences provincially, nationally, and internationally.
Colm can be contacted by e-mail at colm@mediate.ca or through his website www.mediate.ca.
Colm Brannigan is a Mediator, Arbitrator and ADR Trainer based in Guelph, Ontario. He holds an LL.M.(ADR) from Osgoode Hall Law School of York University from eons ago. Colm is a Fellow of the Chartered Institute of Arbitrators in the U.K. and a Chartered Med-Arbitrator through the ADR Institute of Canada. He has been a full-time ADR practitioner for over 25 years.
Colm is an acknowledged expert in the development of online dispute resolution (ODR) and med-arb processes and provides training in both ODR and med-arb. He is a co-author of ODR Yesterday Today Tomorrow (2022) which was the first book on ODR in Canada.
Building on his expertise in technology and ADR, Colm has developed some expertise in the use
of AI in ADR and incorporates AI into his practice and training.
He has been a speaker at the “AI and Mediation Conference”, a worldwide initiative presented
by Mediate.Com in the US. An article based on a transcript of this presentation; “Mediating
with Robots” is at 2023 Vol. 4 Journal of the Canadian Collaborative for Engagement & Conflict
Management at 2023 CanLIIDocs 2347.
Colm also presented on AI at the 2023 ADRIC Annual Conference in Halifax. Colm has taught ADR in the Faculty of Law at Queen’s University and at Humber College. He is a frequent guest lecturer at Osgoode Hall Law School and has also presented on a wide range of ADR topics in continuing education programs and conferences provincially, nationally, and internationally.
Colm can be contacted by e-mail at colm@mediate.ca or through his website www.mediate.ca.
Location
Type of Position
Application Deadline
The Designation application window will be open February 1-28, 2023.
Applications are accepted until February 28, 2023 for the following ADRIC credentials: Qualified Mediator (Q.Med), Chartered Mediator (C.Med), Qualified Arbitrator (Q.Arb), Chartered Arbitrator (C.Arb), Chartered Med/Arb (C.Med/Arb), AND the new ADR Canada Family Q.Med qualification.
We require three weeks notice to schedule your C.Med Skills Assessment or Q.Med Supervised Mock Mediation so contact education@adralberta.com to book your spot.
For more information:
The application fee is $200 plus GST. Currently the $200 application fee for all Chartered designation applications is waived. Don’t delay – take advantage of this opportunity while it’s available!
If you have any questions, please email membership@adralberta.com.
The next application window is in June 2023.
Location
Type of Position
Application Deadline
The Conflict Resolution Day Alberta Committee is a collaboration between the Alberta Government’s Dispute Resolution Network and ADR (Appropriate Dispute Resolution) organizations from all over the province, including ADRIA.
The Committee’s goal is to get Albertans talking about their options to work through conflict in a positive and productive way.
You can find out more about the committee and Conflict Resolution Day on the website: http://www.conflictresolutionday.ca/
Conflict Resolution Day is October 20, 2022 this year with the theme: Mind Your Bias.
Please join on October 20, 2022 at 12:00 P.M. to learn skills about how to mind your bias!
Minding our bias can teach us how to welcome diverse perspectives, close the distance between perspectives, and find common ground with our neighbours again. Our workshop will shed understanding of biases, clarifying when a bias may be in play and offer tangible skills that help participants move from recognition to recovery. With this understanding, you will be able to communicate with each other in a way that sheds light on the perspectives that are gained from clear communication.
During the presentation you’ll learn how to define and recognize biases, learn about the science behind biases, see how biases can be recognized in an environment, and learn strategies and communication tools to minimize the impact of biases.
October 20, 2022 at 12 PM – 1PM
Free, Online
In our louder and louder world, says sound expert Julian Treasure, “We are losing our listening.” In this short, fascinating talk, Treasure shares five ways to re-tune your ears for conscious listening — to other people and the world around you.
When your job hinges on how well you talk to people, you learn a lot about how to have conversations — and that most of us don’t converse very well. Celeste Headlee has worked as a radio host for decades, and she knows the ingredients of a great conversation: Honesty, brevity, clarity and a healthy amount of listening. In this insightful talk, she shares 10 useful rules for having better conversations. “Go out, talk to people, listen to people,” she says. “And, most importantly, be prepared to be amazed.”
William Ury, cofounder of Harvard’s Program on Negotiation, is one of the world’s best-known and most influential experts on negotiation. William Ury explains how listening is the essential, and often overlooked, half of communication. His stories of candid conversations with presidents and business leaders provide us with impactful lessons, such as understanding the power of a human mind opening up. He asks us to join a listening revolution, and promises that if we all just listen a little bit more, we can transform any relationship.
Could the antidote to racism be enchantment? Chloe Valdary thinks so. Theory of Enchantment is a radical approach to anti-racism rooted in understanding that celebrates the complexity of the human spirit. Since racism derives from deep insecurities projected onto others, the work of enchantment includes shadow, acknowledges personal complexity, and affirms right relationship with self. Diversity need not be division, and inclusion does not discount differences.
Empathy does not ‘fix’ but accompanies another’s suffering, and criticism can be used to uplift and empower. Valdary’s fulsome framework—from workshops to a self-paced online course–includes myth, literature, religion, and Jungian concepts.
Theory of Enchantment reaches beyond conflict resolution for connection with universal principles of humanity, healing, and wholeness. It is a life practice and personal discipline that teaches that we can–actually—root everything we do in love and compassion.
In celebration of Conflict Resolution Day, Values Based Living is offering free access to their Know Your Values online course. Enter coupon code CRDAYFREE at checkout.
Values Based Living combines conflict resolution, self-inquiry, and neuroscience to help people learn to live in alignment with their values.
In this course, you will explore:
The Approaching Conflict with Confidence series is online training to learn practical skills to better manage conflict at work and at home.
This series is for people without a background in ADR and who aren’t looking to become a mediator but would like to become more effective at managing conflict in their personal and professional lives. Through interactive online training, you will learn the theory and practice the skills to resolve conflict effectively.
Take one course in the series or combine them to enhance your learning and skill development.
Upcoming Course Dates:
211 Alberta Resource – Find Community and Social Services
211 is a helpline and website that provides information on and referrals to Alberta’s community, social, health-related and government services. The vision for 211 Alberta is to be the primary source of information and gateway to human services for individuals and planners.
Credit Counselling Society
Credit Counselling Society is an award winning, non-profit service, helping individuals and families find their best options to deal with their debt and get their finances back on track.
MyMoneyCoach
MyMoneyCoach.ca is a free public service provided by the Credit Counselling Society. The website objectively shows average Canadians how to save money on their everyday living expenses and how to make smart financial choices.
Mediation and Restorative Justice Center
Do you have a disagreement with your neighbours or family and don’t know what to do? The Mediation and Restorative Justice Center can help you to resolve difficult conflicts or disputes that may arise between you and your family members, neighbours, members of your community, people at work, or fellow participants in groups or activities by facilitating a meeting with the person or people you are having a dispute with.
Strathcona County Community Mediation Services
Problems with your neighbours? Strathcona County Community Mediation (SCCM) can help. Living together in a community can be challenging. Not all people experience events in the same way and when you find you are in conflict – there is help. Mediation provides the time, space, process, and facilitators to have an open and honest and respectful conversation to gain understanding of one another’s concerns and together, to explore options for resolving it.
Community Mediation Calgary Society
Community Mediation Calgary Society (CMCS) is a registered charitable not-for-profit organization with trained volunteer mediators who provide a safe space for open and effective conversation. The end goal is to develop understanding and empathy between participants, so they can reach a mutually agreeable resolution.
Memberships are annual, and renewal is on the enrollment date. All applications are subject to review.
Full memberships include membership in the ADR Institute of Canada (ADRIC).
Associate memberships purchased online allow for immediate access to event registration.
LINK memberships are available to those who have fully or temporarily withdrawn from the workforce, either through retirement, personal, family or medical circumstances that preclude meaningful employment or contract income from any sector. Full-time students in a College, University or training program qualify for a LINK membership, which includes both ADRIA & ADRIC communications and limited benefits.
Interested in joining as an organization? Visit our Membership for Organizations page.
Click on the membership levels to explore the benefits and to purchase a membership.
If you are already a member and would like to renew, log into your account and then click here to renew.
Learn more about our new partnership with BFL CANADA for enhanced professional liability insurance coverage — click here for details.
Full membership is open to anyone practicing or supporting Alternative Dispute Resolution (ADR) who is committed to excellence in this field. This level of membership is required to hold professional ADR designations, participate on ADRIA rosters, and to be eligible for ADRIA’s directory of ADR practitioners. It includes membership with the ADR Institute of Canada (ADRIC) and full voting rights.
Associate membership does NOT include an annual membership in the ADR Institute of Canada (ADRIC). Associate members are not eligible for a listing in ADRIA’s directory of ADR professionals or to join our roster of instructors, coaches, and evaluators.
Associate members applying for national ADR designations, or who simply want the benefits of full membership in ADRIA, including membership in the ADR Institute of Canada (ADRIC) and access to their newsletters, conference discounts, and/or professional liability insurance, need to upgrade their ADRIA membership level from Associate to Full. Because ADRIA is required to send a portion of the annual fee to ADRIC, an upgraded Full membership will always be for a full 12 months commencing at the time of the upgrade.
If you are renewing on your membership anniversary date and choose to upgrade to a Full membership, it is simply a matter of choosing that option when you renew online. In this case, your expiry date does not change.
If you wish to change levels before your membership is due for renewal, and your Associate membership has not expired, the fee for your Associate membership will be prorated and refunded as a credit towards your new Full membership. For example, if your Associate membership expires in early January and you apply for an upgraded membership in late August, you would receive a $50 credit towards your new Full membership (ie. a credit of approximately $10 for every month remaining in your Associate membership). Your new expiry date with both ADRIA and ADRIC would then be late August of the following year. Since our online renewal system does not automatically calculate this amount, you are encouraged to contact the membership desk at 780-433-4881 ext 110 to receive an appropriate credit.
Yes. In order to apply for a designation, you are required to have full membership with the ADR Institute of Alberta which includes a full membership with the ADRIC.
ADRIA accepts the applications from our members on behalf of ADRIC, and our regional committees review the applications before they are forwarded to ADRIC for final assessment. ADRIA accepts designation applications 3 times/year. You can read more about the application process here.
You can see a basic summary of the requirements for each designation here.
Read our article “How to Apply for an ADR Designation” to answer the most common questions our office receives about the designation process.
To fully understand all the requirements and forms which need to be submitted for each designation, please read the application information booklets and forms on our Designations page.
You can also find additional information on ADRIC’s website. If you still have questions, our office staff would be happy to answer your inquiries by phone or email.
The Certificate in Separation and Divorce Mediation fulfills all of the specialty education requirements to apply for a Q.Med Family designation, excluding Ethics for Mediators.
Read more about Practical Ethics for Mediators here.
Read more about the Certificate in Separation and Divorce Mediation here.
Read more about Q.Med Family designation requirements here.
Read our article “How to Apply for an ADR Designation” to answer the most common questions our office receives about the designation process.
To fully understand all the requirements and forms which need to be submitted for each designation, please read the application information booklets and forms on our Designations page.
You can also find additional information on ADRIC’s website. If you still have questions, our office staff would be happy to answer your inquiries by phone or email.
Marsh Canada Limited is the appointed broker for the ADRIC Group Insurance Program. The program, has been specially designed and allows for ADRIC Full members in good standing to benefit from the power of group purchasing for their professional liability insurance needs with additional optional coverages also available for commercial liability, cyber liability, property, personal legal expense insurance and ID restoration services.
More information on the ADRIC Group Insurance Program can be found here https://adric.ca/membership/member-benefits/professional-insurance-program/
Please visit the Marsh website at marsh.ca/adr for a quote or contact your Marsh Canada licensed insurance broker at 1 888 711 9010 or errorsandomissions.insurance@marsh.com for more information.
While membership will no longer be obligatory for these courses, ADRIA acknowledges the value of fostering a vibrant ADR community. Therefore, we will continue to offer a cost-saving advantage to ADRIA members for the following courses:
· High Conflict Mediation
· Consensus Decision Making
· Restorative Practices
Other benefits such as access to free Learner Sessions and Learning videos will still be limited to Members only. Please see membership advantages to review other items outside of the education program that will remain as member only benefits.
There are no external prerequisites to take our training and our students come from all different backgrounds and levels of formal education.
Individual courses may have their own specific prerequisite courses and most of our training begins with basic conflict management training. Check the course descriptions for admission requirements.
A career in mediation begins with basic training. There are a variety of courses throughout Canada, however, if you were to take your training through ADRIA, you would start with our Communications in ADR course followed by the National Introductory Mediation Course and Practical Ethics for Working Mediators.
Once introductory training is complete, new mediators are encouraged to find opportunities to continually practice and hone their skills. ADRIA offers online Mediation skills practice sessions to its members, which helps integrate your skills while giving you the opportunity to learn by observing other mediators’ styles.
Additional advanced mediation training and specialized training further assist new mediators to enhance their skills.
After completing training and obtaining some experience, new mediators can apply for a mediation designation. New mediators typically start with a Qualified Mediator (Q.Med) designation and more experienced mediators obtain the Chartered Mediator (C.Med) designation.
For more information, see our web pages on how to Earn a Designation and how to become a mediator.
A career in arbitration begins with basic arbitration training. There are a variety of courses that can be found online which teach the basics of arbitration, however if you take your training through ADRIA we have a nationally accredited course called the National Introductory Arbitration Course which results in a certificate from the ADR Institute of Canada. This one course meets the educational requirements for both the Qualified Arbitrator (Q.Arb) and the Chartered Arbitrator (C.Arb) designations.
Learn more on our webpages about how to become an arbitrator.
ADR Practitioners are often self-employed. There are limited paid positions within government or private organizations for mediators and arbitrators. To get on-the-job experience, some practitioners start by gaining experience through community or court dispute resolution programs. Practitioners may train to specialize in a particular area of ADR, such as land disputes or divorce mediation. Different fields of ADR can vary in prospects and income range.
ADR is a small but growing industry and is not a regulated profession. As with any career change, it is recommended that you research the opportunities and demand in your area for ADR services.
For more information you can read our the transcript of our panel on The Path to Success as a Mediator
Policy Document: Payment, Withdrawals, and Transfers
Effective Date: November 8, 2023
Payment & Registration Policy:
Payment is a fundamental requirement for securing enrollment in any course offered by ADR Alberta. With the understanding that significant administrative costs are incurred to support course offerings, the following payment and registration policy outlines the terms and conditions regarding payment deadlines and registration requirements. If a withdrawal, or transfer needs to be requested, please contact education@adralberta.com
Withdrawals:
The withdrawal policy governs the conditions under which a student may withdraw from a course and the resulting refund or non-refund of course fees.
Transfers:
This policy outlines the process and associated fees for transferring from one course to another.
Transfer Requests: Requests for course transfers may be considered by exception and, subject to seat availability in the desired course (within one year) and applicable administrative fees. See below details outlining fees:
*If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the full course fee less $50 or $150 (Original transfer fee). If it is by fault of student, original withdrawal policy applies.
** If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the transfer fee that they paid and depending on reasoning for initial transfer, may be offered another transfer free of additional charge to a future session.
Missed Class individual Session Policy:
This policy outlines the process and associated fees for missing individual class sessions.
Please note that the availability of make-up sessions and the associated fee are subject to the specific circumstances of the missed class. We will work with you to find a suitable solution and minimize any disruptions to your learning experience.
Please note that these policies are subject to change, and it is essential for all students to stay informed about the most up-to-date withdrawal, transfer, and refund procedures.
For further information or inquiries, please do not hesitate to contact our support team at education@adralberta.com
ADRIA reserves the right to revise and update this policy document as necessary. Any amendments will be communicated to affected students.
Policy Document: Payment, Withdrawals, and Transfers
Effective Date: November 8, 2023
Payment & Registration Policy:
Payment is a fundamental requirement for securing enrollment in any course offered by ADR Alberta. With the understanding that significant administrative costs are incurred to support course offerings, the following payment and registration policy outlines the terms and conditions regarding payment deadlines and registration requirements. If a withdrawal, or transfer needs to be requested, please contact education@adralberta.com
Withdrawals:
The withdrawal policy governs the conditions under which a student may withdraw from a course and the resulting refund or non-refund of course fees.
Transfers:
This policy outlines the process and associated fees for transferring from one course to another.
Transfer Requests: Requests for course transfers may be considered by exception and, subject to seat availability in the desired course (within one year) and applicable administrative fees. See below details outlining fees:
*If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the full course fee less $50 or $150 (Original transfer fee). If it is by fault of student, original withdrawal policy applies.
** If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the transfer fee that they paid and depending on reasoning for initial transfer, may be offered another transfer free of additional charge to a future session.
Missed Class individual Session Policy:
This policy outlines the process and associated fees for missing individual class sessions.
Please note that the availability of make-up sessions and the associated fee are subject to the specific circumstances of the missed class. We will work with you to find a suitable solution and minimize any disruptions to your learning experience.
Please note that these policies are subject to change, and it is essential for all students to stay informed about the most up-to-date withdrawal, transfer, and refund procedures.
For further information or inquiries, please do not hesitate to contact our support team at education@adralberta.com
ADRIA reserves the right to revise and update this policy document as necessary. Any amendments will be communicated to affected students.
Students must attend 100% of the training to receive a certificate of course completion. Unless otherwise specified, the entire course must be completed on the dates it is offered in that session – if a course is offered in two or more parts, they cannot be taken in separate sessions or locations.
Students are expected to attend 100% of the training and will have to pass exams at various levels of achievement in order to receive a certificate. The ADRIA Certificate in Conflict Leadership must be completed within three (3) years of the start of the program.
The Certificate in Separation and Divorce Mediation fulfills all of the specialty education requirements to apply for a Q.Med Family designation, excluding Ethics for Mediators.
Read more about Practical Ethics for Mediators here.
Read more about the Certificate in Separation and Divorce Mediation here.
Read more about Q.Med Family designation requirements here.
Read our article “How to Apply for an ADR Designation” to answer the most common questions our office receives about the designation process.
To fully understand all the requirements and forms which need to be submitted for each designation, please read the application information booklets and forms on our Designations page.
You can also find additional information on ADRIC’s website. If you still have questions, our office staff would be happy to answer your inquiries by phone or email.
Yes. ADRIA’s online Directory of ADR Practitioners can be used to find a mediator, arbitrator, or other ADR specialist anywhere in our province. You can search by location, speciality, service, qualifications, and more.
Full members who are arbitrators or mediators have the option of applying to be listed in ADRIA’s online Directory of ADR Practitioners. The cost is an additional $120 per year for Qualified members and $80 per year for Chartered members, plus GST. Members must meet criteria to be listed and all applications are vetted for qualifications. To apply, members need to fill out the Directory section of their member profile and fill out an online form with their qualifications and areas of practice. The online application form, plus all the requirements and instructions on how to apply, are on the Apply – Directory page in the Member services section of the website (members will be prompted to sign in to see this page.)
Policy Document: Payment, Withdrawals, and Transfers
Effective Date: November 8, 2023
Payment & Registration Policy:
Payment is a fundamental requirement for securing enrollment in any course offered by ADR Alberta. With the understanding that significant administrative costs are incurred to support course offerings, the following payment and registration policy outlines the terms and conditions regarding payment deadlines and registration requirements. If a withdrawal, or transfer needs to be requested, please contact education@adralberta.com
Withdrawals:
The withdrawal policy governs the conditions under which a student may withdraw from a course and the resulting refund or non-refund of course fees.
Transfers:
This policy outlines the process and associated fees for transferring from one course to another.
Transfer Requests: Requests for course transfers may be considered by exception and, subject to seat availability in the desired course (within one year) and applicable administrative fees. See below details outlining fees:
*If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the full course fee less $50 or $150 (Original transfer fee). If it is by fault of student, original withdrawal policy applies.
** If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the transfer fee that they paid and depending on reasoning for initial transfer, may be offered another transfer free of additional charge to a future session.
Missed Class individual Session Policy:
This policy outlines the process and associated fees for missing individual class sessions.
Please note that the availability of make-up sessions and the associated fee are subject to the specific circumstances of the missed class. We will work with you to find a suitable solution and minimize any disruptions to your learning experience.
Please note that these policies are subject to change, and it is essential for all students to stay informed about the most up-to-date withdrawal, transfer, and refund procedures.
For further information or inquiries, please do not hesitate to contact our support team at education@adralberta.com
ADRIA reserves the right to revise and update this policy document as necessary. Any amendments will be communicated to affected students.
Policy Document: Payment, Withdrawals, and Transfers
Effective Date: November 8, 2023
Payment & Registration Policy:
Payment is a fundamental requirement for securing enrollment in any course offered by ADR Alberta. With the understanding that significant administrative costs are incurred to support course offerings, the following payment and registration policy outlines the terms and conditions regarding payment deadlines and registration requirements. If a withdrawal, or transfer needs to be requested, please contact education@adralberta.com
Withdrawals:
The withdrawal policy governs the conditions under which a student may withdraw from a course and the resulting refund or non-refund of course fees.
Transfers:
This policy outlines the process and associated fees for transferring from one course to another.
Transfer Requests: Requests for course transfers may be considered by exception and, subject to seat availability in the desired course (within one year) and applicable administrative fees. See below details outlining fees:
*If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the full course fee less $50 or $150 (Original transfer fee). If it is by fault of student, original withdrawal policy applies.
** If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the transfer fee that they paid and depending on reasoning for initial transfer, may be offered another transfer free of additional charge to a future session.
Missed Class individual Session Policy:
This policy outlines the process and associated fees for missing individual class sessions.
Please note that the availability of make-up sessions and the associated fee are subject to the specific circumstances of the missed class. We will work with you to find a suitable solution and minimize any disruptions to your learning experience.
Please note that these policies are subject to change, and it is essential for all students to stay informed about the most up-to-date withdrawal, transfer, and refund procedures.
For further information or inquiries, please do not hesitate to contact our support team at education@adralberta.com
ADRIA reserves the right to revise and update this policy document as necessary. Any amendments will be communicated to affected students.
Students must attend 100% of the training to receive a certificate of course completion. Unless otherwise specified, the entire course must be completed on the dates it is offered in that session – if a course is offered in two or more parts, they cannot be taken in separate sessions or locations.
Students are expected to attend 100% of the training and will have to pass exams at various levels of achievement in order to receive a certificate. The ADRIA Certificate in Conflict Leadership must be completed within three (3) years of the start of the program.
Designations allow our members to convey their level of experience and skill and are recognized internationally. Use the following information as an overview of designation requirements and to compare what is needed for each.
| Requirements | Qualified Mediator | Qualified Mediator (Family) | Chartered Mediator |
| Education | 40 hours of mediation 1 theory and skills training from a program approved by the ADR Institute of Canada (ADRIC) or acceptable to ADRIA’s Designations Committee AND 40 hours of specialized training in dispute resolution or related field2 AND 6 hours of ADR ethics (Note: ADRIA’s Communications in ADR course meets the requirement for 40 hours of specialized training in dispute resolution and the National Introductory Mediation course meets the requirement for 40 hours of mediation theory and skills training.) | 40 hours of mediation theory and skills training from a program approved by the ADR Institute of Canada (ADRIC) or acceptable to ADRIA Designations Committee AND 100 hours of ADRIC-Accredited specialized training in dispute resolution or related field, which must include a minimum of 80 hours specialized Family Mediation training; | 80 hours of mediation theory and skills training. (40-hours of mediation 1 theory and skills training from a program approved by the ADR Institute of Canada (ADRIC) or acceptable to ADRIA’s Designations Committee.) AND 100 hours of training in dispute resolution or related field6 |
| Experience | Conducted three mediations: – one actual mediation3 – one supervised mock mediation4 – one additional actual mediation or supervised mock mediation | Administrative Experience Provide documents demonstrating the ability to handle the administrative aspects of a separation/ divorce mediation from beginning to end. AND Practical experience Two years of experience working with families in a related context. AND Two family mediations or co-mediations as the lead mediator | Conducted at least 15 mediations7 as the sole mediator or the mediation chairperson8 and all 15 of the mediations must have been fee paid9. |
| Skills Assessment | Not required but the Designations Committee may require a skills assessment upon review of your application. | One supervised and assessed practice family mediation (assessed by a Supervisor approved by the Regional Affiliate). | Observation and approval of an applicant conducting a solo mediation, to occur within 12 months before the date of the application, through one or more of the following: • Formal Mediation Skills Assessment Role-play10 • Video recorded Actual Mediation11 |
| Letters of Recommendation | Provide three Letters of Recommendation5 (one character / personal and two professional) of your services as a mediator. | Provide three Letters of Recommendation5 (one character / personal and two professional) of your services as a mediator. | |
| Waiving Education Requirements | not applicable | not applicable | Education requirements may be waived where the ADRIA Designations Committee determines the applicant has satisfied or exceeded the Education Requirements above through proven skills, competency, and longevity in practice as recognized and recommended by peers12. |
| Membership | Must be a Full member with ADRIA. | Must be a Full member with ADRIA. | Must be a Full member with ADRIA. |
| Continuing Education and Engagement (CEE) | Practitioners holding a Qualified designation are required to acquire 20 points annually. | Practitioners holding a Qualified designation are required to acquire 20 points annually – including at least 6 points related specifically to Separation & Divorce dispute resolution. | Practitioners holding a Chartered designation are required to acquire 33 points annually. |
| Insurance | Errors and Omissions insurance with a limit of at least $1 million aggregate. | Errors and Omissions insurance with a limit of at least $1 million aggregate. | Errors and Omissions insurance with a limit of at least $1 million aggregate. |
| Application fee (Fees for skills assessments and supervised mock mediations are additional.) Annual Designation fee | $200 plus GST $132 plus GST | $200 plus GST $172 plus GST | $200 plus GST $231 plus GST |
| Requirements | Qualified Arbitrator | Chartered Arbitrator |
| Education | 40 hours of arbitration and hearing procedure training approved by ADRIC or ADRIA AND Successful completion of ADRIC’s written open book Qualified Arbitrator exam or an exam which is part of a course approved by ADRIC or ADRIA no more than 10 years prior to application | 40 hours of arbitration and hearing procedure training approved by ADRIC or ADRIA AND Successful completion of ADRIC’s written open book Chartered Arbitrator exam or an exam which is part of a course approved by ADRIC or ADRIA no more than 10 years prior to application |
| Experience | Not required | Practiced as an arbitrator for not less than two years AND Chaired14 at least 10 arbitrations, all of which were fee-paid15 (or, if unpaid, demonstratively complex) |
| Skills Assessment | Not required | Provide at least two redacted arbitration awards/decisions for review. |
| Letters of Recommendation | Not required | Provide three Letters of Recommendation16 (one character / personal and two professional) of your services as an arbitrator. |
| Waiving Education Requirements | Not Applicable | Education requirements may be waived where the ADRIA Designations Committee determines applicant has satisfied or exceeded the Education Requirements above through proven skills, competency, and longevity in practice as recognized and recommended by peers17. |
| Membership | Must be a Full member with ADRIA. | Must be a Full member with ADRIA. |
| Continuing Education and Engagement (CEE) | Practitioners holding a Qualified designation are required to acquire 20 points annually. | Practitioners holding a Chartered designation are required to acquire 33 points annually. |
| Insurance | Errors and Omissions insurance with a limit of at least $1 million aggregate. | Errors and Omissions insurance with a limit of at least $1 million aggregate. |
| Application fee (Fees for skills assessments and supervised mock mediations are additional.) Annual Designation fee | $200 plus GST $132 plus GST | $200 plus GST $231 plus GST |
| To be eligible for a C.Med-Arb, the applicant must hold both the C.Med and C.Arb designations. In addition to: |
| Education: Completion of 16 hours of the ADRIC Med-Arb training course (or an ADRIC Accredited Med-Arb Course). The ADRIC Med-Arb training course or an ADRIC Accredited training course would cover Med-Arb agreements, other forms of combining mediation and arbitration, one-person and 2-person models (advantages and disadvantages), preserving Natural Justice, transitioning between mediation and arbitration, ethical issues in Med-Arb, Med-Arb awards, Med-Arb simulation, video-conference MedArb, post Med-Arb corrections, reviews and approvals. |
| Experience: Having conducted at least 1 Med-Arbitration |
| Skills Assessment: Not required. |
| Letters of Recommendation: Not required. |
| Membership: Must be a Full member with ADRIA. |
| Continuing Education and Engagement (CEE): In addition to collecting the appropriate CEE points for their C.Med and C.Arb designations, every three years, Chartered Med-Arbitrators are required to take part in a refresher Med-Arb course or training (which may be online training and scenarios practice), and conduct at least one Med-Arb, as per the Continuing Education and Engagement Program and submit a report along with required certificates. |
| Insurance: Errors and Omissions insurance with a limit of at least $1 million aggregate. |
| Application fee: $200.00 (Fees for skills assessments and supervised mock mediations are additional.) Annual Designation fee: $308.00 |
Applications for a designation from the ADR Institute of Canada (ADRIC) are first reviewed by regional assessment committees. Once the application has been reviewed by the regional committee, if it meets the requirements, it will be forwarded to ADRIC’s national Mediation or Arbitration Designation Committee.
The Committees are comprised of members selected by the affiliate for their recognized experience and standing in the ADR Community.
The application fee is $200 plus GST. You will be invoiced by email when the ADRIA office receives your application and you can make your payment online.
ADRIA accepts designation applications 3 times/year. The application windows are as follows:
| APPLICATION PERIOD | DEADLINE FOR APPLICATIONS | REVIEW PERIOD |
|---|---|---|
| February | February 28 | March |
| June | June 30 | July |
| October | October 31* | November |
Applications will only be kept open for one additional period beyond when they are submitted (i.e., an application submitted in June will be kept open until the end of the October submission period). If the application does not meet all the requirements within this time frame, the applicant must re-submit their application.
An e-mail receipt confirmation will be sent to each applicant. If you have sent in your application and do not receive your e-mail receipt confirmation, you must contact the ADRIA office before or by the deadline. If you do not contact the ADRIA office by the deadline, your application will not be accepted.
To maintain your designation you will need to maintain your full membership with ADRIA (or another regional/provincial affiliate of ADR Canada). You will also need to report your continuing education and engagement credits and pay your annual designation renewal fees.
Members with a designation pay an annual renewal fee directly to ADRIC. ADRIC emails an invoice at the beginning of each year to professionals holding a designation.
| RENEWAL TYPE | 2023 DESIGNATION RENEWAL FEE (INCLUDING CEE FILING FEE) |
|---|---|
| C.Arb or C.Med Annual Renewal | $231.00 |
| C.Arb and C.Med Annual Renewal | $293.00 |
| C.Med-Arb, C.Arb and C.Med Renewal | $308.00 |
| Q.Arb or Q.Med Annual Renewal | $132.00 |
| C.Arb and Q.Med Annual Renewal | $258.00 |
| C.Med and Q.Arb Annual Renewal | $258.00 |
| Q.Arb and Q.Med Annual Renewal | $183.00 |
Since 2009, Chartered and Qualified Mediators have been required to submit a report with an administrative fee of $99 every three years, indicating they have achieved the requisite number of CEE points to maintain their designated status.
New, beginning January 1, 2021:
2021 – submit the report with a $66 fee, as we will have collected $33 with the 2021 annual designation renewal fee.
2022– submit the report with a $33 fee, as we will have collected $66 with the 2021 and 2022 annual designation renewal fees.
In addition to collecting the appropriate CEE points for their C.Med and C.Arb designations, every three years, Chartered Med-Arbitrators are required to take part in a refresher Med-Arb course or training (which may be online training and scenarios) practice, and conduct at least one Med-Arb, as per the Continuing Education and Engagement Program and submit a report along with the required certificates.
Yes. In order to apply for a designation, you are required to have full membership with the ADR Institute of Alberta which includes a full membership with the ADRIC.
ADRIA accepts the applications from our members on behalf of ADRIC, and our regional committees review the applications before they are forwarded to ADRIC for final assessment. ADRIA accepts designation applications 3 times/year. You can read more about the application process here.
You can see a basic summary of the requirements for each designation here.
Read our article “How to Apply for an ADR Designation” to answer the most common questions our office receives about the designation process.
To fully understand all the requirements and forms which need to be submitted for each designation, please read the application information booklets and forms on our Designations page.
You can also find additional information on ADRIC’s website. If you still have questions, our office staff would be happy to answer your inquiries by phone or email.
The Certificate in Separation and Divorce Mediation fulfills all of the specialty education requirements to apply for a Q.Med Family designation, excluding Ethics for Mediators.
Read more about Practical Ethics for Mediators here.
Read more about the Certificate in Separation and Divorce Mediation here.
Read more about Q.Med Family designation requirements here.
Read our article “How to Apply for an ADR Designation” to answer the most common questions our office receives about the designation process.
To fully understand all the requirements and forms which need to be submitted for each designation, please read the application information booklets and forms on our Designations page.
You can also find additional information on ADRIC’s website. If you still have questions, our office staff would be happy to answer your inquiries by phone or email.
Marsh Canada Limited is the appointed broker for the ADRIC Group Insurance Program. The program, has been specially designed and allows for ADRIC Full members in good standing to benefit from the power of group purchasing for their professional liability insurance needs with additional optional coverages also available for commercial liability, cyber liability, property, personal legal expense insurance and ID restoration services.
More information on the ADRIC Group Insurance Program can be found here https://adric.ca/membership/member-benefits/professional-insurance-program/
Please visit the Marsh website at marsh.ca/adr for a quote or contact your Marsh Canada licensed insurance broker at 1 888 711 9010 or errorsandomissions.insurance@marsh.com for more information.
Policy Document: Payment, Withdrawals, and Transfers
Effective Date: November 8, 2023
Payment & Registration Policy:
Payment is a fundamental requirement for securing enrollment in any course offered by ADR Alberta. With the understanding that significant administrative costs are incurred to support course offerings, the following payment and registration policy outlines the terms and conditions regarding payment deadlines and registration requirements. If a withdrawal, or transfer needs to be requested, please contact education@adralberta.com
Withdrawals:
The withdrawal policy governs the conditions under which a student may withdraw from a course and the resulting refund or non-refund of course fees.
Transfers:
This policy outlines the process and associated fees for transferring from one course to another.
Transfer Requests: Requests for course transfers may be considered by exception and, subject to seat availability in the desired course (within one year) and applicable administrative fees. See below details outlining fees:
*If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the full course fee less $50 or $150 (Original transfer fee). If it is by fault of student, original withdrawal policy applies.
** If students unable to transfer to course within one year, by fault of ADRIA (ie: Course Cancellation) then the student will be refunded the transfer fee that they paid and depending on reasoning for initial transfer, may be offered another transfer free of additional charge to a future session.
Missed Class individual Session Policy:
This policy outlines the process and associated fees for missing individual class sessions.
Please note that the availability of make-up sessions and the associated fee are subject to the specific circumstances of the missed class. We will work with you to find a suitable solution and minimize any disruptions to your learning experience.
Please note that these policies are subject to change, and it is essential for all students to stay informed about the most up-to-date withdrawal, transfer, and refund procedures.
For further information or inquiries, please do not hesitate to contact our support team at education@adralberta.com
ADRIA reserves the right to revise and update this policy document as necessary. Any amendments will be communicated to affected students.
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The family mediation program allows low-income parents who are separating or divorcing to resolve parenting issues and create parenting plans outside of the courts. To keep up with the rising cost of living and make the program more accessible to Albertans, the eligibility income threshold for the program increased to $60,000 from $40,000 on March 1.
The family mediation program is one of many family resolution services Albertans can access. Budget 2023 is providing $5 million to enhance family resolution services, such as pre-court assessment, mediation, family court counsellors and parenting intervention programs. These services make a difference to many facing the emotional stress of family legal matters and help mitigate justice system backlogs by allowing families to resolve disputes outside the courts.
“Adjusting the eligibility income threshold for the family mediation program for the first time in 20 years will reduce costs to taxpayers, reduce court backlogs, and most importantly, allow more Albertans to access a program that reduces the stress of resolving family disputes.”Tyler Shandro, Minister of Justice and Attorney General
“In times of family breakdown, going to court can be an incredibly difficult and stressful experience for everyone involved. Providing more support to help Alberta families resolve disputes fairly and equitably outside court will have significant positive impacts on the outcomes of these cases. Additional funding for family mediation services means that more Albertans will be able to amicably resolve their family issues with confidence and dignity.”John Panusa, KC, president and CEO, Legal Aid Alberta
“Accessible family justice is essential to the well-being of Alberta’s families, particularly for the children of families that are restructuring and facing new challenges. Reducing the financial and emotional cost of separation and divorce with mediation and other less adversarial options will ensure families can still thrive and preserve essential relationships. ADRIA fully supports dispute resolution options such as mediation that encourage families to resolve their differences outside of the courtroom, and to successfully manage their co-parenting responsibilities. The decision to raise the eligibility income threshold for Alberta’s family mediation program represents significant support for Alberta families and children, and for alternative dispute resolution as the preferred alternative to court.” Paul Conway, executive director, Alternative Dispute Resolution Institute of Alberta
“The Alberta Family Mediation Society is very pleased to hear that Alberta Justice is increasing the income threshold for their family mediation services. This increase will benefit many Alberta families experiencing family conflict. Family mediation can reduce the financial and emotional costs of litigating as well as shorten the time frame required to reach a resolution. It allows the participants to engage in a collaborative problem-solving process with an experienced family mediator who is neutral and can assist the parties in navigating their particular conflict.”Sharon J. Crooks K.C., board chair, Alberta Family Mediation Society
“Parents going through separation and divorce often don’t know how to start or where to turn for help. Family mediators help parents work together to reorganize their family in the best way possible, creating two homes from one where children can feel secure and supported in both. In mediation, parents focus on their children while making the many changes and decisions needed to set up their new co-parenting relationship. This increase in funding will open the door to many more parents looking to move through one of life’s most stressful events collaboratively and respectfully, minimizing the impacts on their families, their health and their financial resources.”Judith Lake, past president, Alberta Chapter, Association of Family and Conciliation Courts
“When turmoil is going on for the family, everyone is experiencing the breakdown of relationships within it. Family mediation creates a safe space to work through the issues in a way that creates a better outcome. Mediation focuses on the best interests of the children and safety plans can be put in place. Court backlogs draw out this process and children’s voices are never heard.”Barb Barclay, southern regional manager, Native Counselling Services of Alberta
Budget 2023 secures Alberta’s future by transforming the health-care system to meet people’s needs, supporting Albertans with the high cost of living, keeping our communities safe and driving the economy with more jobs, quality education and continued diversification.
Since 2009, Chartered and Qualified Mediators have been required to submit a report with an administrative fee of $99 every three years, indicating they have achieved the requisite number of CEE points to maintain their designated status.
New, beginning January 1, 2021:
2021 – submit the report with a $66 fee, as we will have collected $33 with the 2021 annual designation renewal fee.
2022– submit the report with a $33 fee, as we will have collected $66 with the 2021 and 2022 annual designation renewal fees.
In addition to collecting the appropriate CEE points for their C.Med and C.Arb designations, every three years, Chartered Med-Arbitrators are required to take part in a refresher Med-Arb course or training (which may be online training and scenarios) practice, and conduct at least one Med-Arb, as per the Continuing Education and Engagement Program and submit a report along with the required certificates.
You will find instructions and a worksheet on the ADRIC website. You will be asked to submit your CEE report and administration fee online directly to ADRIC
Construction Adjudication services in Alberta are now regulated under the Province’s Prompt Payment Construction Lien Act (PPCLA). Effective August 28th, 2022, all construction payment disputes are subject to the regulated adjudication process, and all construction adjudicators offering services under the PPCLA must be certified by a Nominating Authority (NA) appointed by the Minister Service Alberta. Visit https://adralberta.com/prompt-payment/ for more details and a link to the legislation.
Effective March 7th, 2023, ADRIA and its partners (collectively operating as ARCANA (AB)) have been granted ongoing Ministerial authority to provide NA services in Alberta for the provision of construction adjudication services. In fact, ARCANA (AB) is the only NA with delegated authority in the province, and expects to be formally appointed in the weeks ahead. ARCANA (AB) represents a collaborative partnership between ADRIA, ADR Canada (ADRIC) and the Royal Institute of Chartered Surveyors (RICS), and over a dozen roster applicants completed 40+ hours of construction adjudication training in 2022. Another training session is planned for this Spring – see the details below.
ADRIA will soon post supporting website materials and a roster of qualified adjudicators, and has already begun accepting contract payment disputes and appointing adjudicators. ARCANA (AB) is working closely with the construction industry representatives to ensure that its NA services meet the sector’s needs, and will form a standing Advisory Council to enhance services over time. Visit the ADRIA website for updates and roster opportunities in this sector, and to register for the April 20th Prompt Payment Construction Adjudication Symposium in Calgary or live stream.
<strong>ADRIA is now delivering Prompt Payment Construction Adjudication Services!</strong>Read More
In January the University of Calgary announced a significant gift from the Alberta Law Foundation to support the creation of a new Centre for Transformation. This Centre will empower new knowledge and action around systems transformation, and will support the ongoing work to re-imagine the family justice system (RFJS) in Alberta. The RFJS has been underway for more than a decade and significant change is now being observed. This – along with the backbone support of the Centre for Transformation – is giving new hope that together we will achieve the goal of “helping families thrive”.
Diana Lowe, KC is the Senior Director of the Centre for Transformation at the University of Calgary. She is a lawyer by training, with 40 years of experience which includes legal practice, research, reform and transformation of the civil and family justice systems in Canada. The Centre supports the ongoing efforts to Re-imagine the Family Justice System, while also developing a deeper understanding of transformational change processes.
Register on our event page: 2025 ADRIA AGM – ADR Institute of Alberta
