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The Illusion of Control: Why Overly Complex ADR Clauses Can Backfire 

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A results-oriented Contract Management leader with 10+ years of experience across the full contract lifecycle—drafting, strategic management, and practical application—in sectors including mining, energy, finance, and technology. Joánri has handled agreements from daily operational needs to complex, multi-year master contracts exceeding a billion dollars. Now, she applies this expertise to guide individuals and businesses through contract disputes, optimization, and implementation.

While the intention behind including an Alternative Dispute Resolution (ADR) clause in commercial contracts is often to provide a clear and efficient route for resolving disagreements outside of the traditional courtroom, the desire for absolute certainty can sometimes lead to overly complex clauses that ultimately undermine this very aim. 

The initial appeal of a highly detailed, almost court-like ADR process is understandable. It offers a perceived sense of control and predictability by meticulously outlining each step. However, this approach can often inadvertently create a ‘court process by another name’, replicating the very complexities and potential delays that ADR is intended to avoid. 

The Pitfalls of Overly Prescriptive ADR Clauses 

  • Disputes as Part of the Agreement Lifecycle: 
    • When the primary focus shifts to meticulously adhering to every procedural detail of an overly complex clause, the actual substance of the dispute can become secondary. Parties may become more concerned with ‘ticking the boxes’ of the process than with actively seeking a mutually acceptable and pragmatic resolution, thereby undermining the fundamental purpose of ADR. 
    • Overly rigid timelines can create procedural breaches due to practical challenges in gathering information or agreeing on a neutral. 
    • Disputes rarely unfold in a predictable manner. Overly detailed clauses often lack the necessary flexibility to adapt to the specific and evolving circumstances of a particular disagreement. Rigid procedural steps can also limit the arbitrator or mediator’s ability to guide the process effectively and tailor it to the specific needs of the dispute. In other words – neither the parties’ purpose, not the arbitrator or mediator function, is enabled. 
  • Increased Costs: 
    • Mandating specific and/ or external technical experts at various stages, even in straightforward disputes, can significantly inflate costs and make the ADR process disproportionately expensive. 
    • Overly prescriptive provisions relating to the arbitrator themself, especially those specifying highly niche expertise or requiring a panel of multiple arbitrators, can further increase costs. Finding individuals who meet these specific criteria within the stipulated timelines can become exceedingly difficult and costly, leading to further delays and frustration for the parties. 

In instances where these clauses are used and many of the challenges above are applicable, it may even frustrate the intention of the clause altogether and make the described dispute resolution clause functionally ineffective. Pretty to look at certainly, but useless in practice. 

The Benefits of Dispute-Responsive Clauses: 

In contrast to these overly prescriptive approaches, dispute-responsive clauses, such as a progressive dispute resolution clause, offer a more pragmatic and adaptable framework that provides the flexibility for the parties to agree on the specific dispute and mediation and/ or arbitration process for it. This allows for: 

  • Flexibility and Adaptability: Tailoring the process to the specific needs of the dispute and available mediators or arbitrators, leading to more efficient and cost-effective resolutions. 
  • Focus on Substance: Keeping the attention on the actual issues in dispute and encouraging parties to work towards a resolution, rather than being bogged down trying to check procedural boxes. 
  • Reduced Costs: Avoiding unnecessary steps and the involvement of excessive personnel. 
  • Greater Efficiency: Allowing parties to move through the process more quickly and reach a resolution sooner. 

Conclusion: 

While a desire for absolute certainty and control when drafting ADR clauses is understandable, overly complex and prescriptive approaches can often backfire and make the process unusable. Dispute-responsive clauses, which prioritise flexibility for both the parties and an arbitrator or mediator and the ability to tailor the process to the specific needs of the dispute, are often far more effective in achieving the core goals of ADR: efficient, cost-effective, and mutually acceptable resolutions that help preserve valuable business relationships. 

Disclaimer: This article offers general commentary and suggestions for consideration by ADR practitioners. It is not intended as a substitute for professional legal advice, and practitioners are responsible for exercising their own professional judgment and seeking specific legal guidance when advising clients or drafting legal documents. 

The Illusion of Control: Why Overly Complex ADR Clauses Can Backfire Read More

Building Resilience into Agreements: The Power and Nuances of Progressive Dispute Resolution 

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A results-oriented Contract Management leader with 10+ years of experience across the full contract lifecycle—drafting, strategic management, and practical application—in sectors including mining, energy, finance, and technology. Joánri has handled agreements from daily operational needs to complex, multi-year master contracts exceeding a billion dollars. Now, she applies this expertise to guide individuals and businesses through contract disputes, optimization, and implementation.

Contracts form the basis of commercial interaction, setting out the framework for collaboration and mutual benefit. However, even with careful planning, disagreements are a natural part of doing business. The real strength of a solid agreement lies not in avoiding disputes altogether, but in having effective ways to deal with them constructively. 

Progressive dispute resolution clauses offer just that – a structured, step-by-step approach to resolving conflicts that can encourage communication, maintain relationships, and ultimately lead to more efficient and mutually beneficial results. This structured approach recognises that not all disagreements require the same level of intervention, often allowing minor issues to be resolved quickly through initial, informal discussions at the appropriate technical level. 

The Multi-Layered Benefits of a Progressive Approach 

Benefits for the Contracting Parties: 

  • Disputes as Part of the Agreement Lifecycle: 

By acknowledging that disagreements are a natural part of the contract lifecycle and requiring initial discussions between appropriate personnel, progressive clauses prioritise direct communication and stop small disputes from becoming very big disputes unnecessarily. By requiring technical staff from the area in dispute to engage first, it can also foster a deeper understanding of the other party’s perspective and can lead to early, mutually agreeable solutions for emerging issues. 

  • Strategic Escalation with Enhanced Knowledge: 

As disputes progress through defined stages, they involve individuals with increasing authority and a broader business understanding. This enables well-informed decisions as each escalation point decision-maker has the benefit of the information and outcomes gathered in the step before as well as their own knowledge and experience. 

  • Preserving the Foundation of Relationships: 

By prioritising early-stage discussions and mediation, progressive clauses are designed to safeguard the ongoing relationship between the parties, particularly crucial in long-term collaborations where mutual trust is essential. The initial focus is on problem-solving rather than adversarial positions. 

This approach can also support success during the contract lifecycle where the parties may have experienced turnover of key staff or teams. In those instances, past relationships and understanding of the agreements and applicable processes may have been lost in the shuffle, and by requiring the parties to re-engage progressively, what was lost can start to be rebuilt. 

  • Unlocking Creative and Tailored Solutions: 

The staged approach often leads to a more nuanced and in-depth understanding of the underlying issues for all parties. This deeper insight can pave the way for creative, tailored, and mutually beneficial solutions that might not surface in a more confrontational environment. 

Benefits for the ADR Professional: 

  • Enhanced Information: 

By the time a dispute reaches mediation or arbitration, the parties will have already engaged in multiple rounds of discussion and negotiation. This thorough groundwork provides a much clearer technical understanding, understanding of the core issues for both the parties as well as the mediator or arbitrator, each party’s current position, and the potential broader impact of the dispute. 

  • Facilitating Focused and Productive Processes: 

The enhanced knowledge gained from the progressive steps allows mediators to conduct more focused and productive sessions. For arbitrators, it can significantly streamline the arbitration process by clarifying the points of contention and the history of attempts at resolution. 

  • Innovative Solutions: 

With the benefit of the progressive steps, the parties will also have been enabled to ‘test’ initial solutions to the current dispute and have a deeper understanding of why it may/ may not work. They may also then have more time to gain the benefit of the knowledge, experience, and insight of their technical staff to create more ‘creative’ and sustainable solutions. 

Tailoring the Clause: 
In contracting, as in life, a one-size-fits-all approach rarely works. Progressive clauses should be tailored to the specific needs of the contract and the industry involved. For example: 

  • Technology Agreements (SaaS, IaaS, Hardware, and Software Warranties etc.): 
    • Where the contract relates to very technical goods or services, including steps requiring technical experts to resolve issues related to performance or functionality initially can ensure they are addressed quickly and safely. 
    • Where these agreements require certain performance levels, the quick escalation of system failures, errors, breaches etc. allow technical leadership to identify recurring common problems and enable more comprehensive solutions to address those appropriately. 
  • Master Goods/ or Service Agreements (MGA, MGSA, MSA’s etc.): 
    • More complex agreements with multiple delivery lines and performance requirements for both parties may require more specific engagement points. In agreements like these, including a general progressive dispute resolution clause in the General Terms and then adding in and/ or specifying specific technical steps (and team member names, contact details etc.) within an applicable schedule will ensure that the overall agreement has a common dispute resolution approach, while also ensuring that teams dealing with one particular schedule only, have a clear path to easily follow day to day. 

Practical Tips

When Drafting Effective Progressive Clauses: 

  • Clarity is Key: Use clear and unambiguous language to define each stage, the responsibilities of each party, and the timeframes involved with as little ‘jargon’ or ‘legalese’ as possible. The overall goal of the ADR clause is to enable the contract lifecycle by making disputes easy to address quickly and appropriately. The language further supports this by ensuring every team member who may need to use this process can easily understand and act within it. 
  • Define Roles: 
    • Specify the level of personnel required at each stage to ensure appropriate engagement. 
    • Where there may be a delegation of authority that applies, use the common titles of the positions the necessary delegation is with. 
    • This will likely be a clause used by both operational and technical staff members so ensure every team member that may need to use this process can easily understand and act within it. 
  • Set Realistic Timelines: Balance the need for thorough discussion with the urgency of resolving the dispute. 
  • Include a “Safety Valve”: Consider including a provision that allows parties to bypass certain stages in exceptional (and defined) circumstances, such as when there is a risk of immediate harm or a material technical failure. 

When mediating or adjudicating disputes with progressive clauses: 

  • Follow the checklist 
    • For mediators and arbitrators, a progressive clause provides an initial roadmap for engaging with the parties around the dispute. From the clause, you know what steps each was required to be taken and what information the parties will likely have needed at those stages prior to moving to the next step. 
  • Streamlining the matters in disputes 
    • By initially confirming that each party followed the progressive process and confirming their understanding of the facts and outcome at the end of each step, each party can reflect on that step for themselves as well as the other party without additional probing questions from you. 
    • It may be possible to also confirm the commonly accepted ‘technical facts’. E.g. the jurisdiction, the technical specifications of a particular equipment piece etc. 
    • You also have the benefit of a clearer picture of what is in dispute, as well as where and how previous resolutions failed. 

Conclusion: 

Progressive dispute resolution clauses offer a practical and effective way to manage the inevitable disagreements within contracts. By building in a structured process for addressing disputes, these clauses encourage communication, maintain relationships, and often lead to more efficient and mutually beneficial results. For mediators and arbitrators, understanding the details of drafting and implementing these clauses is essential. A well-crafted progressive clause not only builds resilience into agreements but also provides a practical and constructive way to resolve conflicts, ultimately contributing to stronger and more sustainable business relationships. 

Sample Clause: 
Dispute Resolution:

Any dispute arising hereunder, including the validity of this agreement, shall first be resolved by taking the following steps, where a successive step is taken if the issue is not resolved at the preceding step: 1. by the technical and/ or contractual personnel for each Party, 2. by the technical and contractual managers for each Party, 3. by executive management of each Party, 4. by mediation, or 5. through binding arbitration and/ or the applicable court. 

Except as otherwise provided herein, each party shall be responsible for its own legal costs and attorneys’ fees. 

This article shall survive the termination of this Agreement for any reason. 

Disclaimer: This article offers general commentary and suggestions for consideration by ADR practitioners. It is not intended as a substitute for professional legal advice, and practitioners are responsible for exercising their own professional judgment and seeking specific legal guidance when advising clients or drafting legal documents. 

Building Resilience into Agreements: The Power and Nuances of Progressive Dispute Resolution Read More

The Silent Killer: Why “Validity” Matters in Your ADR Clause

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A results-oriented Contract Management leader with 10+ years of experience across the full contract lifecycle—drafting, strategic management, and practical application—in sectors including mining, energy, finance, and technology. Joánri has handled agreements from daily operational needs to complex, multi-year master contracts exceeding a billion dollars. Now, she applies this expertise to guide individuals and businesses through contract disputes, optimization, and implementation.

In any contract lifecycle, disputes are inevitable. Alternative Dispute Resolution (ADR) clauses, promising cost-efficiency, confidentiality, and a solution outside the traditional courtroom, are often tucked away in the latter part of the contract or General Terms as a boilerplate clause meant to provide a framework for resolving those disagreements. 

But what happens when the foundation the ADR clause rests on – the contract’s validity – is called into question? This is where the often-overlooked word “validity,” or the phrase “and validity thereof,” becomes critically important.

Imagine a scenario where a disagreement arises, and one party claims the entire contract is invalid due to issues with its formation, perhaps alleging misrepresentation, or lack of capacity by a signatory, etc. If the ADR clause doesn’t explicitly address disputes concerning the validity of the contract itself, you could find yourself in a precarious situation as an arbitrator. 

Here’s why this seemingly small detail can have a significant impact: 

The Four Walls of the Contract: Contractual dispute resolution, especially arbitration, operates within the confines of the contract that created it. The arbitrator’s appointment, authority to adjudicate the dispute, have their award be enforceable within that contract, by that same token, is also typically derived from the contract between the parties. 

If the contract creating that process is then found to have been invalid, the basis for arbitration becomes equally invalid. 

Note that this will only be applicable where the contract is found to have never been valid – not where the contract was initially valid and then became, or is found to have become, invalid thereafter. 

The Arbitration Paradox: Consider the irony: a party arguing that the contract is invalid might also be required to participate in an arbitration process outlined within that very contract. Without a clear provision addressing validity, courts may struggle with how to proceed. Does the arbitrator have the power to decide on the validity of the contract itself? Or does that question need to be resolved in court first, potentially undermining the efficiency goals of ADR? 

The Risk of Parallel Proceedings: The absence of “validity” in the ADR clause can also lead to a messy situation where one party initiates arbitration while the other party files a court action challenging the contract’s validity. This can result in costly and time-consuming parallel proceedings as the court will need to consider its own jurisdiction as well before hearing the case, defeating the purpose of having an ADR clause in the first place. 

So what now? 

Protect the dispute resolution mechanism 

  • Write it in at the start

Ensure certainty and clarity by including the phrase “and validity thereof” in your ADR clause acts as a safeguard. 

By clarifying this seemingly minor detail while drafting you can save significant time, money, and headaches down the road, ensuring that your chosen path to dispute resolution remains effective and reliable. 

  • Amend the contract prior to arbitration to include it

You may be engaged and on review of the contract and an overview of the matters in dispute, it becomes clear that those matters include something that can invalidate the contract, propose that the parties amend the ADR clause to include necessary language to ensure the clause will survive to enable adjudication. 

Conclusion 

Ultimately, putting the words “and validity thereof” in your ADR clause isn’t just legal jargon – it’s a practical step that makes good sense. By clearly stating that your chosen way to resolve disagreements also covers any arguments about whether the contract itself is valid, you can steer clear of confusing legal battles and the risk of ending up in both arbitration and court at the same time. This small addition makes sure your agreed-upon method for solving problems can actually do its job properly and efficiently, protecting the time and money you hoped to save in the first place. 

Sample Clause: 
Dispute Resolution: Any dispute, disagreement, or claim arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall be resolved by [Insert chosen ADR method, e.g., arbitration] in accordance with [Insert relevant rules, e.g., the rules of the International Chamber of Commerce]. The place of [ADR method] shall be [Insert location]. 

Disclaimer: This article offers general commentary and suggestions for consideration by ADR practitioners. It is not intended as a substitute for professional legal advice, and practitioners are responsible for exercising their own professional judgment and seeking specific legal guidance when advising clients or drafting legal documents. 

The Silent Killer: Why “Validity” Matters in Your ADR ClauseRead More

ADRIA Board Director Opportunity!

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Your Opportunity for Impact!

Looking to serve our membership in a way that advocates change and engages our community? We have initiated our annual Board Director recruitment process. If you are looking for an opportunity to guide strategic direction in ADR, start here – join our Board!

As a Director you would participate in monthly virtual Board meetings with additional in-person meetings 1-2 times per year. Additionally, you would be asked to serve on one of the two standing committees: Finance, Audit and Risk, or Governance and Human Resources. As well, there are several sector specific committees to engage your area of ADR expertise. We are a governance Board.

Directors are full members who bring a background in various sectors. If you are a lawyer,mediator, arbitrator, business owner, accountant, or you have a background in diversity, equity and inclusion, social work, and or lobbying, share your skills with us and share in our vision: Leading Dispute Resolution in Alberta.

We have a few Director vacancies, expressions of interest are invited to be submitted to Membership@adralberta.com and will be welcome until March 10, 2024. Virtual interviews will be held March 17 – 21, 2024 and Directors will complete the election process and participate in our AGM, scheduled for May 30, 2024.

ADRIA is an organization dedicated to promoting, delivering and improving justice and access to justice in Alberta. We have long valued and drawn strength from our diversity as leaders in this field. We strive to respect individuals based on their integrity, knowing we have much work to do. ADRIA is committed to speaking out against racism and discrimination in all its forms and to ensuring our commitment to diversity and inclusion is reflected in our training, policies, and operations. We are dedicated to working with ADRIC and our fellow regional affiliates, our members, clients, colleagues, and all others in the pursuit of justice, diversity and reconciliation.

ADRIA Board Director Opportunity!Read More

ADRIA Response to Family Justice Strategy

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ADRIA Response to Family Justice Strategy

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ADRIA Response to Family Justice StrategyRead More

ADRIC-RICS Canada Adjudicator Training

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ADRIC-RICS Canada Adjudicator Training

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ADRIC and its partner, the Royal Institution of Chartered Surveyors (RICS), have developed a Model Framework for Construction Adjudication across Canada to set the standard for the management and administration of this new field of ADR in Canada.

The ADRIC-RICS Model Framework provides comprehensive guidance for all jurisdictions in Canada to achieve an ADR system that will be consistent across the country, based on the 95% success achieved since the first introduction of interim adjudication in the UK 25 years ago.

The training you will receive has been designed by RICS/ADRIC based upon the combined experience of these organizations respecting construction adjudication.  ADRIC/RICS are confident that, following the successful completion of the three module program, a candidate will be well trained in the basic principles of construction adjudication and eligible to apply for a Q.Adj (Const)) designation from ADRIC (subject to completing the ADRIC designation process).

Further information can be found at:  https://adric.ca/construction-adjudication.

ADRIC-RICS Canada Adjudicator TrainingRead More

ADRIA is now delivering Prompt Payment Construction Adjudication Services!

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ADRIA is now delivering Prompt Payment Construction Adjudication Services!

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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

ADRIC-RICS Canada Adjudicator Training Program

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ADRIC-RICS Canada Adjudicator Training Program

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Module 1: Introduction to Adjudication Program

Please email your interest for courses to Fordam.wara@adric.ca

A one day overview of how adjudication works and how to get the best out of it

Price: $299 + taxes

Module 2: Adjudication Advocate Training Program

Please email your interest for courses to Fordam.wara@adric.ca

This course will be presented online.

Registered participants will be sent an email with the Microsoft Team’s link the Monday before the course. Please be sure to check your Spam as the emails are often pushed there as “unrecognized email”.

Advising and representing parties in adjudications
This intense two-day program is designed for prospective adjudication party representatives, and advocates, and legal and built environment professionals for whom a more detailed understanding of construction adjudication will be beneficial for their work in advising clients.

Modules 2 & 3 are required training for anyone interested in applying to become a member of an adjudication roster.

Price: $995 + taxes

* If you are taking Module 2 and 3 you can take both for a reduced price of $3,500.

Module 3

Please email your interest for courses to Fordam.wara@adric.ca

This course will be presented online.
Limited spaces – Register early.

Registered participants will be sent an email with the Microsoft Team’s link the Monday before the course. Please be sure to check your Spam as the emails are often pushed there as “unrecognized email”.

PREREQUISITES:

  • ADRIC-RICS Module 1: Introduction to Adjudication (recommended)
  • ADRIC-RICS Module 2: Adjudication Advocate Training (mandatory)

A comprehensive 28 hour training program, following the ADRIC-RICS Adjudication Advocate course.

This course is broken into units and is delivered over four weeks to allow time for study and preparation between sessions. Please note candidates should factor in that there will be additional study and assessment preparation to be undertaken during this period.

This module covers  the remaining knowledge and competencies you need to practice as a construction adjudicator, with specific focus on applicable common and statutory law, adjudication practice, managing the adjudication process and decision writing.

Assessment:  This module is subject to formal assessment in the form of a written examination, an online assessment and a practical adjudication decision writing exercise.

Please email your interest for courses to Fordam.wara@adric.ca

Price: $2595 + taxes

Modules 2 & 3 are required training for anyone interested in applying to become a member of an adjudication roster.

* If you are taking Module 2 and 3 you can take both for a reduced price of $3,500.

Note: The training you will receive has been designed by RICS/ADRIC based upon the combined experience of these organizations respecting construction adjudication.  ADRIC/RICS are confident that, following the successful completion of the three module program, a candidate will be well trained in the basic principles of construction adjudication and eligible to apply for a Q.Adj (Const)) designation from ADRIC (subject to completing the ADRIC designation process).

A candidate must note, however, that this training does not guarantee an appointment to the roster of any nominating authority in any jurisdiction.  Appointment to a Canadian federal or provincial roster of adjudicators remains subject to the relevant legislative frameworks many of which are not yet enacted in whole or in part.  Moreover, it is the nominating authority in each jurisdiction which is vested, under the legislation, with the power to appoint adjudicators in those jurisdictions. For example, ADRIC’s Quebec Affiliate, L’Institut de mediation et d’arbitrage du Quebec, is the current nominating authority in that province. Similarly, ADRIC’s Saskatchewan Affiliate, ADRSK, shares responsibilities with the Saskatchewan Construction Association for the operation of the Saskatchewan Construction Dispute Resolution Office (SCDRO), the nominating authority in that province. ADRIC/RICS and ADRIC’S Alberta Affiliate, ADRIA (operating in partnership as “ARCANA(AB)”) has recently been appointed as a Nominating Authority in Alberta. Further information can be found at:  https://adric.ca/construction-adjudication.

Candidates for any roster established by ADRIC/RICS will be required to complete an application and undertake an ADRIC/RICS interview process (for which there will be an additional fee) and complete the RICS Professional Ethics module.  Ongoing continuing professional development (CPD) is also required to maintain the Q.Adj (Const) designation and roster qualification.

ADRIC-RICS Canada Adjudicator Training ProgramRead More

$5-million expansion to family resolution services

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$5-million expansion to family resolution services

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For the first time in more than 20 years, Alberta is increasing the income threshold for family mediation services to help more Albertans resolve family disputes. 

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.

Quick facts

  • Parenting disputes resolved by mediation result in significant cost savings. The average cost to staff a courtroom for a parenting dispute is $2,731 compared to $641 for family mediation services, resulting in a savings of $1,730 per dispute.
  • From 2015-2020, the average number of mediations completed per year was 1,073.
  • Current wait times for mediation are one to three weeks, depending on the location.
  • More than 85 per cent of mediation sessions lead to a resolution and more than 90 per cent of Albertans report being satisfied with the service.
  • The family mediation program is available across the province.
  • This change is supported by Provincial Court of Alberta and Court of King’s Bench judiciary.

Related information

$5-million expansion to family resolution servicesRead More

February is Designation Month

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February is Designation Month

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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.

February is Designation MonthRead More

Free Webinar Recording: Improv for Conflict Resolution

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Free Webinar Recording: Improv for Conflict Resolution

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Intro to Improv for Mediators – Comfort in Uncertainty, Joy in Collaboration

In collaboration with the FOAJ, we presented this free Lunch and Learn webinar: Improv for Conflict Resolution on December 15, 2022 at 11:30am.

As mediators, we aim to solve problems without preconceptions of what should happen. It’s an improvised process. But improvising isn’t always easy. We can get caught up in our own thoughts, try to create solutions too quickly, or feel lost when things don’t go as expected. Improv training helps us build our comfort in uncertainty, reduce our fear around relinquishing control, and find joy and ease in collaboration.

Get a taste of improv training, learn about the fascinating overlap between the principles of improv and principles of conflict mediation, and leave with some ideas for applying improv to your own work.

Speaker: Zoë Barrett-Wood

Zoë Barrett-Wood is a mediator and facilitator with the Canadian Collaborative for Engagement and Conflict Management. She has a background in the sciences and the performing arts, and believes in the power of bringing the two together. Zoë worked for a decade as an environmental consultant on complex projects related to land protection, resource development, and community health. She’s also worked as an actor, improviser, and comedian for film, theatre, and audio projects. She has been teaching improv for workplaces in the public, private, and not-for-profit sectors for the past 7 years.

This recording is from Dec 15, 2022

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Looking for a Mentor? Connect on our Members Only Forum

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Looking for a Mentor? Connect on our Members Only Forum

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The Members Only Forum is a place for ADRIA members to connect with other ADR professionals, discuss important topics facing the industry, and share resources.

Are you a new mediator looking for the support of someone more experienced? Are you an experienced mediator interested in offering support to new & learner mediators? (“Classifieds: Support for new mediators“)

Looking for role-players to practice your mediation skills? Or, are you willing to role-play for those wanting to practice? (“Connecting mediation students and role-players“)

Are you looking to connect with experienced arbitrators to support you with your learning journey? Are you an experienced arbitrator willing to support a learner arbitrator? (“Connecting new arbitrators with mentors“)

What does it even mean to be a mentor? (“What is a Mentor?“)

Post on our members forum to connect with other professionals in ADR.

Forum Guidelines
Make sure you read the Forum Guidelines before posting.

Login Required
As this is a members only forum, you will need to have your membership up-to-date and be logged in before you can read or post in the forum. Otherwise you will get an error message. 

Check out some of the mentorship opportunities already posted on the Members Only Forum!

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Webinar Recording: Secondary Trauma – Building resilience through informed care

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Webinar Recording: Secondary Trauma – Building resilience through informed care

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Secondary stress is emotional duress that can result from exposure to another person’s first hand traumatic experience. With trauma-informed tools we can build resilience for our service providers so they can best support the people they serve.

Speaker:  Dr. Suzette Brémault-Phillips

Dr. Suzette Brémault–Phillips is an Occupational Therapist and Associate Professor in the Department of Occupational Therapy, Faculty of Rehabilitation Medicine, University of Alberta, who holds a PhD in spirituality. She is also the Director of the Heroes in Mind Advocacy and Research Consortium (HiMARC), a provincial hub for research, teaching and service in support of military members, Veterans, public safety personnel and their families. An experienced clinician, educator, researcher, and consultant, she has worked in a variety of settings across provinces, health care systems and the lifespan. Her expertise is in the area of rehabilitation, complex needs, mental and spiritual health, trauma-informed care, and older adults. Suzette’s research interests include resilience, well-being, moral injury, novel trauma-focused.

This webinar recording is from December 1, 2022.

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Celebrate Conflict Resolution Day 2022

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Celebrate Conflict Resolution Day 2022

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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.

Mind Your Own Bias – Complimentary Workshop

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

Registration

TED Talks

5 Ways to Listen Better – Julian Treasure

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.

10 Ways to Have Better Conversations – Celeste Headlee

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.”

The Power of Listening – William Ury

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.

Podcasts

Theory of Enchantment: Chloe Valdary

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.

Articles

How To Resolve Interpersonal Conflicts in the Workplace – Liz Kislik 
 
Brené Brown on the Right Way to Argue at Work – Graham Winfrey

Are You Setting Expectations for Employees in the Right Way? Forbes Coaches Council 

Courses

Know Your Values – Free Online Course

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:

  • Your top values
  • How values affect unconscious behaviour
  • The power of emotions and values, and how to work with them instead of being hijacked by them
  • How to create a step-by-step plan to uncover and use your values in a way that is designed just for you

Approaching Conflict with Confidence Series

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:

Community Resources

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.

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International Day of Older Persons on October 1, 2022

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International Day of Older Persons on October 1, 2022

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The UN is marking the International Day of Older Persons on October 1 by encouraging countries to draw attention to and challenge negative stereotypes and misconceptions about older persons and ageing, and to enable older persons to realize their potential.

We compiled a few resources of interest for those interested in Alternative Dispute Resolution:

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