CBCA ADR Processes

The types of ADR techniques used at the CBCA can be found at CBCA Rule 54(c). The typical types of ADR include:

  • Facilitative mediation
  • Evaluative mediation
  • Early neutral evaluation
  • Mini-trial
  • Non-binding advisory opinion
  • Summary binding decision, and
  • Hybrids of these procedures

The ADR process that is used most at the CBCA is non-binding evaluative mediation, although it goes by other names, such as neutral evaluation.  Under this process, before the ADR proceeding, the parties will typically submit to the judge confidential position papers (or exchange position papers) addressing the facts and disputed issues, as well as their positions.  They then meet with the judge in a joint session and make informal presentations to each other and the judge.  Each party must be represented by someone with authority to settle the dispute.  The judge, acting as a third-party neutral, meets both together and privately with the parties to assess the strengths and weaknesses of each side and help identify settlement options.  Depending on the request of the parties the judge may, in a joint or private session, provide his/her evaluation on the merits of a party’s position.

Parties considering ADR proceedings are encouraged to adapt for their own purposes any provisions in of the Board’s rules which they believe will be useful.