The Mediation Centre Inc.: Resource Stewardship dispute resolution: frequently-asked questions


	Ministry of Natural Resources Resource Stewardship Agreements Alternative Dispute Resolution (ADR) Program Frequently-asked questions: Negotiation Process How are negotiations for a Resource Stewardship Agreement started? What happens if the forest company or tourism operator refuses to negotiate a Resource Stewardship Agreement? What happens if, during negotiation of an RSA, the forest company and the tourism operator cannot agree on the terms of the Resource Stewardship Agreement? Mediation Process What is Mediation? How do you request the appointment of a mediator? What should parties consider in choosing a mediator? Is participation in mediation mandatory? Is mediation confidential? Where is the mediation held? Who attends the mediation? How can parties prepare for mediation? What happens during a mediation session? What is the role of the mediator? What is the role of MNR in the mediation session? What if an agreement is reached at the mediation? What happens if the parties cannot reach agreement in mediation? What is the mediator's responsibility after the mediation session? Who pays for mediation? How much does mediation cost? Arbitration Process What does the term arbitration mean? How do you request the appointment of an Arbitrator? When will the Arbitration be conducted? Who pays for Arbitration? How much does Arbitration cost? Is the decision of the arbitrator binding? here is the Dispute Resolution Roster available? N E G O T I A T I O N Q. No. 1: How are negotiations for a Resource Stewardship Agreement started? The Resource Stewardship Agreement (RSA) negotiation process will normally be commenced prior to the Invitation to Participate in the Forest Management Planning process and completed for the first Information Centre Open House. The Sustainable Fores Licencee (SFL) will contact by registered mail, all Resource-Based Tourism (RBT) Licencees who operate in the Forest Management Unit. Any Resource-Based Tourism operator who wishes to negotiate a Resource Stewardship Agreement will notify the Sustainable Forest Licencee and the SFL will negotiate with any RBT from whom such notice is provided. Early in the RSA negotiation process the best available information on proposed areas of operations and new road requirements will be made available to the resource-based tourist operator(s) by the forest company. As part of the negotiation process, prescriptions for the protection of resource-based tourism will be developed. However, further refinements of decisions on areas of operations, new road locations and operational prescriptions will evolve during the forest management planning process, which includes opportunities for input and comments from other interested parties and the general public. Top Q. No. 2: What happens if the forest company or tourism operator refuses to negotiate a Resource Stewardship Agreement? If the RBT has been contacted by the SFL but is unwilling to commence negotiations to complete an RSA, then the SFL will be able to complete operations in accordance with the ecological guidelines applicable to the area. If the SFL is unwilling to commence negotiations to complete an RSA, then MNR, in its discretion, will either not approve a Forest Management Plan (FMP) for that Forest Management Unit or will not approve the commencement of harvesting operations. "Unwilling to commence negotiations" means refusing to meet with the other party. Top Q. No. 3: What happens if, during negotiation of an RSA, the forest company and the tourism operator cannot agree on the terms of the Resource Stewardship Agreement? If the parties are unable to negotiate an RSA, the parties may agree to mediation. The mediation will last a maximum of one (1) day unless otherwise agreed to by the parties. Within five (5) days of the request for mediation, the parties will review the roster of mediators and jointly select a mediator to handle their case. If the parties cannot agree on the mediator, the Ministry of Natural Resources (MNR) will appoint a mediator from the Roster. Top M E D I A T I O N Q. No. 1: What is mediation? Mediation, an alternative dispute resolution process, is designed to resolve disputes in a less adversarial and formal manner than traditional litigation. (Other ADR processes include negotiation and arbitration.) Mediation is "assisted negotiation", in which an impartial third party (the mediator) assists the parties in resolving their dispute by facilitating communication between the parties. The mediator does not impose a solution upon the parties. The disputants arrive at a settlement voluntarily. Top Q. No. 2: How do you request the appointment of a mediator? Any or all parties may request the assistance of a Mediator by contacting the responsible MNR District Manager and by completing the "Request for Mediation" form. Top Q. No. 3: What should parties consider in choosing a mediator? Many lawyers and other professionals are qualified and trained to mediate disputes. It is important that all parties are comfortable with their mediator. Parties are encouraged to contact mediators directly to obtain information about such matters as: The mediator's training and experience and settlement record The mediator's knowledge about the kind(s) of issue(s) in dispute The mediator's approach to mediation The mediator's references Top Q. No. 4: Is participation in mediation mandatory? Participation in the mediation process is voluntary. Mediation will only be conducted if all parties agree to participate. Top Q. No. 5: Is mediation confidential? Yes, mediation is confidential. Any communications that arise in the mediation process will not be disclosed in any subsequent proceeding. The terms of the RSA may be disclosed through the public consultation process associated with the development of the Forest Management Plan. Top Q. No. 6: Where is the mediation held? The mediation may be held at any location that is convenient and acceptable to the parties. Top Q. No. 7: Who attends the mediation? All parties who have agreed to participate in the mediation must attend the mediation session. If a party is represented by a lawyer, the lawyer is also requested to attend. A lawyer may not attend the mediation in the place of a party. For the mediation to proceed, parties must have the authority to settle the case or have ready telephone access to anyone whose approval is required to settle. Top Q. No. 8: How can parties prepare for mediation? To get the most out of the mediation session, it is important to be realistic and creative. Before the mediation, parties should consider their interests and the interests of the other parties/stakeholders and develop options for resolution. Prior to the mediation session, the mediator will contact the parties and arrange to discuss the issue(s) either by telephone or in person. This will assist the mediator in identifying the issue(s) and in preparing for the mediation session. Top Q. No. 9: What happens during a mediation session? The parties, their counsel (if represented) and the mediator are the only ones who have a right to be present in mediation. No one else may attend without the parties' consent. As described above, information arising from the mediation is confidential. Top Q. No. 10: What is the role of the mediator? Before the mediation session begins, the mediator explains the mediation process. Although mediation is an informal process, the mediator structures the discussion. All parties have an opportunity to present their side of the story, to explain what is important to them and to ask questions. The mediator will help the parties explore settlement options. The mediator may meet separately with each of the parties either before the mediation session begins or during the mediation process. Top Q. No. 11: What is the role of MNR in the mediation session? Only the parties to the dispute attend the mediation session. The Ministry of Natural Resources does not attend the mediation session. However, the Ministry will designate a contact person to be available by telephone in the local MNR District Offic to provide advice and to respond to information requests. Prior to the mediation session, the Ministry will have met with the parties during the scoping session. The purpose of the scoping session is to focus the issues under dispute and for the Ministry to establish the policy environment within which the mediation will occur. Top Q. No. 12: What if an agreement is reached at the mediation? Agreements resolving some or all of the issues in dispute reached during the mediation process must be in writing and must be signed by the parties. Top Q. No. 13: What happens if the parties cannot reach agreement in mediation? If the parties do not reach an agreement in mediation, then an arbitration may be conducted if all parties agree. Top Q. No. 14: What is the mediator's responsibility after the mediation session? After the mediation session, the mediator is required to complete and file a report on the outcome of the mediation. The report specifies whether or not the case was settled in full or part. The report does not contain any information about what was said at the session. Agreed-upon settlement terms are to be appended to the report. The report is to be completed within thirty (30) days of the conclusion of the mediation. Top Q. No. 15: Who pays for mediation? The Ministry of Natural Resources will pay for the cost of the mediation session, including the expenses of the mediator. It is expected that the parties will be responsible for their own expenses. It is anticipated that mediation will normally be completed within one day. At MNR's sole discretion, MNR may provide funding for additional mediation services and/or may require the parties to absorb all or a portion of the costs associated with the additional mediation. Top Q. No. 16: How much does mediation cost? Mediation fees are set by the Ministry of Natural Resources. Mediators will be paid $1,400 per day which covers preparation time and one day of mediation. Mediators fees and the mediator's reasonable disbursements associated with the mediation will be paid by the Ministry of Natural Resources. The parties will be responsible for their own expenses incurred in connection with the mediation session. It is expected that mediation will normally be completed within one (1) day but it may be extended if all parties agree. At MNR's sole discretion, MNR may provide funding for additional mediator services and/or may require the parties to absorb all or a portion of the costs associated with the mediation session beyond the anticipated one-day timeframe. The parties and the mediator may negotiate any rate they find acceptable for the time beyond that which is paid by MNR. The mediator may also charge the parties for reasonable expenses that are agreed to in advance of the original mediation session or its extension. Top A R B I T R A T I O N Q. No. 1: What does the term arbitration mean? Arbitration is an ADR process in which an impartial third-party (an arbitrator) hears evidence presented by the parties relating to the issue(s) in dispute and makes a decision. Arbitration in general terms can be binding or non-binding. In the RSA Dispute Resolution Program, the Arbitrator issues a non-binding recommendation. That recommendation is then forwarded to the Ministry of Natural Resources for ratification and endorsement Top Q. No. 2: How do you request the appointment of an Arbitrator? Any party or all parties may make a request for arbitration by contacting the appropriate MNR District Manager and completing the necessary "Request for Arbitration" form. Participation in the Arbitration process requires the consent of all parties. In addition, each party will pay to the MNR, five hundred ($500) dollars toward the cost of arbitration. Within five (5) days of the request for arbitration, the parties will jointly select an Arbitrator from the Roster of DR Professionals. If the parties are unable to select an Arbitrator, MNR will appoint an Arbitrator from the Roster of DR Professionals. The arbitration session will be governed by the provisions of The Arbitrations Act, 1991, as applicable. Top Q. No. 3: When will the Arbitration be conducted? The arbitration will be completed within thirty (30) days of the request for arbitration. The maximum duration of the arbitration shall be two (2) days. Top Q. No. 4: Who pays for Arbitration? In arbitration, each party to the arbitration will pay a sum of five hundred ($500) dollars toward the cost of arbitration. A cheque payable to the Arbitrator will be given to the Ministry of Natural Resources RSA ADR Program Advisor, to be held until the arbitration has concluded. MNR will forward payment to the arbitrator directly. MNR is responsible for paying the balance owing to the arbitrator along with any reasonable expenses associated with the arbitration session and an additional $1500 for time associated with the writing of the arbitrator's non-binding recommendation. Top Q. No. 5: How much does Arbitration cost? Arbitration fees are set by the Ministry of Natural Resources. The arbitrator's fee, which covers the arbitration session and preparation time, cannot exceed $1,500 per day. Although it is anticipated that arbitration will normally be completed within two (2) days MNR may, in its sole discretion, provide funding for additional arbitrator services and/or may require the parties to absorb all or a portion of the costs associated with the arbitration session beyond the two-day timeframe. Top Q. No. 6: Is the decision of the arbitrator binding? The "decision" of the arbitrator is non-binding and is submitted in the form of a recommendation to the Ministry of Natural Resources and the parties. MNR retains final decision-making authority. Parties who remain unsatisfied with the outcome may continue to pursue legal remedies available under the Crown Forest Sustainability Act (issue resolution process) and/or under the Environmental Assessment Act (Bump-Up requests). Top Q. No. 7: Where is the Dispute Resolution Roster available? The roster may be obtained from: the Ontario Ministry of Natural Resources' Web site by clicking here District/Area Office of the Ministry of Natural Resources MNR RSA ADR Program Advisor: 8 Buggey Lane, RR 1, Ajax, ON L1S 4S7 Canada Telephone: 905-427-1316 Fax: 416-314-2394 or 905-427-1480 E-mail: karen.wianecki@mnr.gov.on.ca Top Back to Resource Stewardship home page Back to Mediation Centre Inc. home page
	The Mediation Centre Inc., Kathleen Chapman, Dir. 651 Talbot Street, London, Ontario, Canada N6A 2T6 Phone: 519-673-1113; Fax: 519-673-5060 E-mail: <kchapman@mediationcentre.com> Web: `http://mediationcentre.com/index.html` ©2001 The Mediation Centre Inc.--Updated: Oct. 28

Ministry of Natural Resources

Resource Stewardship Agreements

Alternative Dispute Resolution (ADR) Program

Frequently-asked questions:

Negotiation Process

How are negotiations for a Resource Stewardship Agreement started?
What happens if the forest company or tourism operator refuses to negotiate a Resource Stewardship Agreement?
What happens if, during negotiation of an RSA, the forest company and the tourism operator cannot agree on the terms of the Resource Stewardship Agreement?

Mediation Process

What is Mediation?
How do you request the appointment of a mediator?
What should parties consider in choosing a mediator?
Is participation in mediation mandatory?
Is mediation confidential?
Where is the mediation held?
Who attends the mediation?
How can parties prepare for mediation?
What happens during a mediation session?
What is the role of the mediator?
What is the role of MNR in the mediation session?
What if an agreement is reached at the mediation?
What happens if the parties cannot reach agreement in mediation?
What is the mediator's responsibility after the mediation session?
Who pays for mediation?
How much does mediation cost?

Arbitration Process

What does the term arbitration mean?
How do you request the appointment of an Arbitrator?
When will the Arbitration be conducted?
Who pays for Arbitration?
How much does Arbitration cost?
Is the decision of the arbitrator binding?
here is the Dispute Resolution Roster available?

N E G O T I A T I O N

Q. No. 1: How are negotiations for a Resource Stewardship Agreement started?

The Resource Stewardship Agreement (RSA) negotiation process will normally be commenced prior to the Invitation to Participate in the Forest Management Planning process and completed for the first Information Centre Open House. The Sustainable Fores Licencee (SFL) will contact by registered mail, all Resource-Based Tourism (RBT) Licencees who operate in the Forest Management Unit. Any Resource-Based Tourism operator who wishes to negotiate a Resource Stewardship Agreement will notify the Sustainable Forest Licencee and the SFL will negotiate with any RBT from whom such notice is provided.

Early in the RSA negotiation process the best available information on proposed areas of operations and new road requirements will be made available to the resource-based tourist operator(s) by the forest company. As part of the negotiation process, prescriptions for the protection of resource-based tourism will be developed. However, further refinements of decisions on areas of operations, new road locations and operational prescriptions will evolve during the forest management planning process, which includes opportunities for input and comments from other interested parties and the general public.