Alternative Dispute Resolution (ADR) is an approach to resolving disputes outside of the complaint process of an investigation/adjudication. It can involve negotiation, facilitated conversations, mediation and arbitration.
Some complaints are very well suited to the ADR process whereas others may not be. A key component of ADR is that all parties must be interested and comfortable in the process. After accepting a complaint, the ITP will always ask the parties if they are interested in attempting ADR. Moreover, at any stage in the process, the parties are welcome to transition from the investigation/adjudication process over to the ADR process – provided all parties are in favour.
ADR can be significantly faster than the investigation/adjudication process. It also affords all of the parties with the opportunity to reach a resolution of their choosing. In a mediated resolution, the parties must agree on the terms of settlement for there to be a resolution. This means that the mediator cannot impose or force a decision on the parties. If they ultimately do not agree on the terms, then a settlement is not reached and the parties will return to the investigation/adjudication process.
If the ADR process is utilized to address a complaint, the ITP will appoint a qualified mediator or arbitrator experienced in issues relevant to the specific complaint