Rules & Codes
Pour les règles et le code en français cliquez ici
Codes of Conduct
The ADR Institute of Canada members are held accountable to practice standards that include a Mediator’s Code of Conduct and a National Code of Ethics.
Complaints about members who breach the standards set out in these documents can be brought to the attention of the Board of Directors of the affiliate or national for investigation and potential discipline as per the procedure set out in Regulations issued under the By-laws of the ADR Institute of Canada, or by disciplinary processes set by the affiliate. This provides users with an avenue of redress should they have concerns about the quality of the services they have received.
In effect, the Institute provides an infrastructure that allows ADR practitioners to be self-regulating professionals.
National Mediation and Arbitration Rules
In 1992 the ADR Institute of Canada introduced the National Mediation Rules and the National Arbitration Rules which are now widely used and accepted throughout Canada.
Both sets of Rules provide a Model Dispute Resolution Clause that can be used by parties to a contract to ensure that any dispute that arises can be dealt with as quickly and efficiently as possible with minimum disruption to the parties. Lawyers throughout Canada regularly insert these clauses in agreements to avoid future problems, confusion and unnecessary litigation.
The Mediation Rules assist parties with their choice of mediator, provide a Standard Form Mediation Agreement and set out rules relating to conflict of interest, privacy and other important aspects of mediation. The rules clarify the process that will be applied and allow the parties to share the same expectations from the outset, thereby reducing possibilities of conflict and adding an important element of certainty.
The National Arbitration rules provide clear time lines, practices and procedures that provide certainty to the parties and allow disputes to be dealt with as effectively and efficiently as possible including specific procedures for the appointment of an arbitrator if the parties cannot agree on one.