Stream 13: Alternative dispute resolution

A brief description of each type of alternative dispute resolution (ADR) service is provided below. The description outlines the general nature of the services required. Individual request for proposals will elaborate on particular requirements within the context of the below description. For each category, the supplier must ensure that the proposed resource(s) meets specific mandatory professional criteria. These criteria are defined in Minimum mandatory criteria: Alternative dispute resolution services.

13.1 Conflict coaching

Conflict Coaching is one-on-one support to help a person deal with a conflict situation. The coach can help a person identify and develop new practical skills to resolve conflict, replacing less successful ways of dealing with disputes.

Conflict coaching is a voluntary, one-on-one approach between the Supplier and the participant, in which a participant develops skills and confidence to resolve conflicts on their own, usually through a series of pre-determined meetings with a trained conflict coach. Conflict coaching features a focused goal for each session, and a guided learning process based on the client's situation and experience.

The Conflict Coach will maintain complete confidentiality about the content of the coaching sessions unless:

  1. the participant gives express permission for disclosure
  2. the participant reveals intentions to harm him/herself or others
  3. disclosure is required or authorized by law

The required services/tasks may include, but are not limited to the following

13.2 Mediation/facilitation conversation

Mediation is a voluntary process in which an impartial and neutral third party assists parties to create a mutually acceptable solution to their problem. Facilitation involves the use of techniques to improve the flow of information in a meeting between parties to a dispute. It is procedural assistance provided to enable participants to communicate more effectively and move towards a possible agreement. Both are interest-based processes to assist the parties in finding a mutually acceptable solution.

Parties may sign an agreement to mediate and, upon conclusion, the settlement can also be verbal or written as agreed by the parties.

ADR facilitation shares all of the elements of mediation except for the formality of mediation, in which written agreements with the parties, as signatories are optional in ADR facilitations.

The required services must include a series of process phases, but are not limited to the following

Phase 1—Pre-session preparation

Phase 2—Introducing the process

Phase 3—Exploring issues/interest and generating options

Phase 4—Reaching Agreement

13.3 Group processes and work place assessment

This participatory and impartial process has a series of steps involving participants identifying ways of addressing conflict in the workplace.

A workplace assessment identifies what is working effectively in a work unit and what is not, according to the employees or members who are working within the group, so the group can engage in discussions to resolve conflicts that are negatively impacting them. It allows all individuals in a work unit to provide their opinions, views and perceptions, in a confidential manner, on a variety of issues that are important to explore in order to understand their work environment.

Group processes provide an opportunity for a group of members to work through issues that are causing difficulties within the group and to find ways to improve the working environment.

The required services may include, but are not limited to the following

13.4 Commercial/business disputes – Facilitated discussion/mediation

Alternative dispute resolution (ADR) for commercial or business matters is a voluntary process in which an impartial/neutral third person (the Supplier) assists participants involved in a business dispute to create a mutually acceptable solution to their problem. ADR processes for commercial or business matters include facilitated discussion, mediation.

Mediation is a process which involves the use of techniques to improve the flow of information in a meeting between participants in a dispute. It is procedural assistance provided to enable participants to communicate more effectively and move towards a possible agreement. It is an interest-based process to assist the participants in finding a mutually acceptable solution. Participants may sign an agreement to mediate and, upon conclusion, the settlement can also be verbal or written as agreed by the participants.

A facilitated discussion shares all of the elements of mediation except for the formality of mediation, in which written agreements with the participants as signatories are optional.

The required services must include a series of process phases, but are not limited to the following

Phase 1—Pre-session preparation

Phase 2—Introducing the process

Phase 3—Exploring issues/interest and generating options

Phase 4—Reaching Agreement

13.5 Commercial/business disputes: Arbitration

Alternative dispute resolution (ADR) for commercial or business matters is a voluntary process in which an impartial/neutral third person (the Supplier) assists participants involved in a business dispute to create a mutually acceptable solution to their problem. ADR processes for commercial or business matters include arbitration.

Arbitration is a process in which participants in a dispute rely upon one or more persons to make a decision about the best action to take to resolve the dispute. The participants agree to abide by whatever decision the arbitrator(s) put forward. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding to those in dispute.

The required services must include a series of process phases, but are not limited to the following

Phase 1—Preparation

Phase 2—Introducing the Process

Phase 3—Exchange of Information

Phase 4—Arbitral Hearing

Phase 5—Arbitral Award

13.6 Conflict management training

Training is a major and significant activity as it is seen as an effective and preventative strategy to provide employees and managers with tools to deal with conflict as it arises. It is also the quickest method to reach a large percentage of the population and deliver messages in informal conflict management as required by the Public Service Labour Relations Act, section 207.

Training programs can include multiple day sessions or shorter more focus workshops dealing with specific topics and tools.

The required services may include, but are not limited to the following

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