Ministry of Natural Resources

Resource Stewardship Agreements

Alternative Dispute Resolution (ADR) Program

Background Information:

Ontario's Living Legacy provided a framework for the development of Resource Stewardship Agreements or RSA's to formalize the relationship between Ontario's resource-based tourism industry and Ontario's forest industry. Resource Stewardship Agreements represent an agreement to recognize the interests of both forestry and resource-based tourism in Ontario and a commitment to a process of collaborative goal setting and issue resolution.

Under the framework provided by Ontario's Living Legacy, the forest industry and resource-based tourism industry in Ontario, signed a Memorandum of Understanding in June 2000. This Memorandum of Understanding provides the basis for a new business relationship between the two industries. This new business relationship is based on the development of Resource Stewardship Agreements or RSA's. RSA's recognize the importance of both industries and provide an opportunity for the interests of both industries to be recognized and reflected on the land base.

If Resource Stewardship Agreement (RSA) negotiations do not result in a signed agreement, the parties may access an Alternative Dispute Resolution process. The Alternative Dispute Resolution (ADR) Program, as agreed to in the signed Memorandum of Understanding, provides for a two-stage approach to conflict resolution, following negotiation. If negotiation of an RSA is not successful, the option exists to enlist the services of a mediator. If mediation is impractical, impossible or not successful, the parties may choose non-binding arbitration.

The Alternative Dispute Resolution Process has been designed to enhance the Ministry of Natural Resources (MNR) current culture of providing facilitative support to Ontario's forest and Ontario's resource-based tourism industries.

The RSA ADR Process applies to situations where Sustainable Forest Licencee(s) and Resource-Based Tourism Licencee(s) in Ontario are unable to conclude a Resource Stewardship Agreement through negotiation and the parties wish to pursue ADR.

A Call for Mediators and Arbitrators was issued by the Ministry of Natural Resources and interviews were conducted in Thunder Bay, Sudbury and Toronto. At this time, 22 mediators and 8 arbitrators have been selected for the RSA ADR Roster. These Roster members are professionals in the field of Alternative Dispute Resolution and are available to assist in mediating/arbitrating issues that emerge in the context of RSA negotiations.

The RSA ADR Program represents a public-private partnership in collaborative problem solving. A public sector administration is combined with a private sector roster of professional mediators and arbitrators. While parties to an RSA are encouraged to negotiate terms of agreement, if an RSA is not successfully negotiated, professionals trained in mediation and arbitration can assist the parties to focus on the issues and identify viable options for settlement.

The following documents better explain the MNR RSA ADR process relating to mediation and non-binding arbitration.

• RSA Roster of Dispute Resolution Professionals
• Fact Sheet
• Frequently Asked Questions
• Model Code of Conduct for Mediators
• Model Code of Conduct for Arbitrators
• Complaints Procedure
• RSA ADR Program -- ADR Citizen's Guide

Please note that anyone interested in obtaining additional information about the Ministry's Resource Stewardship Agreement Alternative Dispute Resolution (ADR) Program may contact:

Program Advisor
Resource Stewardship Agreements (RSA)
Alternative Dispute Resolution (ADR) Program
Ministry of Natural Resources
8 Buggey Lane, RR 1
Ajax, ON
L1S 4S7 Canada

Telephone: 905-427-1316
Fax: 416-314-2394 or 905-427-1480