What About Appropriate Dispute Resolution?
Have You Heard About it?

The Energy Resources Conservation Board (ERCB) has a regulatory role regarding oil and gas wells, pipelines, production facilities, electrical substations, and transmission lines. It also has a role in resolving issues and disputes between affected parties, such as between energy companies and landowners and their neighbours. To expand the number of dispute resolution options available, the ERCB has undertaken the Appropriate Dispute Resolution (ADR) initiative. Major stakeholders have been involved with the ERCB in the development of this initiative.

What is the goal?

The goal of dispute resolution is to help people explore and understand each other's interests and develop acceptable solutions together. It means listening closely to the various sides and coming up with solutions people might not think of on their own.

In ADR a dispute or conflict can be resolved in a number of ways. People in conflict are able to choose which option to use. Some options allow people control over the process used to find a solution and make the final agreements. These options range from those where agreements are made with no outside involvement (e.g., negotiations) onto facilitation and then to mediation. Other options include arbitration or engaging an administrative tribunal (e.g., ERCB Board hearing or the court system). These latter ways of resolving disputes involve established, formal procedures that result in a decision being made for the people in conflict.

The ERCB has chosen to use the word "appropriate" to reflect the wide number of dispute resolution options now available and to reinforce the important facilitation role ERCB staff play in dispute resolution. "Appropriate" reflects the nature of a process that provides the opportunity to develop local solutions to local issues, and to choose the right option for the right situation.

The ERCB's ADR options include:

Informal discussion and problem-solving

Parties are able to informally discuss and resolve the issue between themselves. Occasionally, the phrase "kitchen table" is used to describe the informal nature of these talks.

Direct negotiation : Formal and facilitated negotiations take place directly between the affected parties.

Facilitation : ERCB staff may facilitate the communication and discussions between the affected parties.

Mediation : A professional, neutral third party assists the affected parties in reaching a satisfactory agreement.

Arbitration : A neutral adjudicator is empowered by everyone involved in the dispute to listen to all sides and to either recommend nonbinding terms of settlement or impose a binding decision.

Administrative tribunal : (e.g., ERCB Board hearing or the court system): A formal adjudication process takes place in which evidence is presented and a binding decision is rendered.

ADR Annual Report for 2001

ERCB Informational Letter 2001-1 : Appropriate Dispute Resolution (ADR) Program and Guidelines for Energy Industry Disputes (January 2001) This regulatory letter and attached guidelines is the document that formalizes the use of ADR and explains the ERCB's expectations and requirements.

ADR Annual Report for 2001 Summary

ADR Booklet - Resolving Issues Through Mediation. Appropriate Dispute Resolution In Alberta's Energy Industry.

Report for Implementation of an Appropriate Dispute Resolution System for Alberta's Upstream Petroleum Applications (May 2000) This report was developed and endorsed by a multistakeholder committee to provide the ERCB with a framework for introducing ADR concepts and tools into Alberta's energy sector.

If you would like more information about the ADR program, please contact the Energy Resources Conservation Board by:

phone - (403) 297-8311 (press"0")
to connect toll free, dial 310-0000
Web site - www.ercb.ca