POLICY SUMMARY: Dispute Resolution Policy

Note: This document is not the Dispute Resolution Policy. It is a summary of that policy. The definitive authority for matters related to this policy is the policy itself.

The purpose of this policy is to encourage CBSA and its participating members to offer Alternative Dispute Resolution (ADR) at every stage of the discipline and complaints process. It also describes how ADR is to be undertaken, as well as guidelines for the practice of ADR.

CBSA and its participating organizations are committed to the techniques of negotiation, facilitation, and mediation as effective ways to resolve disputes. ADR also avoids the uncertainty, costs, and other negative effects that come with lengthy appeals, complaints, and litigation.

All Participants are encouraged to communicate openly, and to collaborate and use problem-solving and negotiation techniques to resolve their differences.

Opportunities for ADR may be pursued at any point in a dispute when the parties agree that ADR is beneficial.

If the parties agree, a mediator or facilitator acceptable to the parties will be appointed to mediate or facilitate the dispute.

The mediator or facilitator will decide how the dispute will be mediated and may specify a deadline by which they must reach a negotiated decision.

Once a settlement is reached, organizations are responsible for implementing the settlement within the timelines agreed to in the settlement

If a settlement cannot be reached, the matter will return to either the Discipline and complaints or Appeals Process, whichever is applicable.

Settlements are final and binding and cannot be appealed