Fact Sheet

Alternative Dispute Resolution

Fact Sheet: Alternative Dispute Resolution [PDF 293 KB]

A voluntary, interest-based and confidential way for landowners, Indigenous peoples and other land users to resolve disputes throughout the lifecycle of a CER regulated project.

Dispute with a CER-Regulated company?

If you and a company have been working through some issues or are in a dispute, the Canada Energy Regulator (CER) can help you. Through its Alternative Dispute Resolution (ADR) program, the CER offers confidential facilitation and mediation services at no-cost. Access to these services is voluntary and increases the likelihood of reaching mutually acceptable solutions for all or most issues. It can also help avoid potentially costly and time consuming regulatory and legal proceedings.

When to use ADR

A broad range of issues can be addressed by using ADR, including:

  • terms in negotiated agreements, or other steps in the land acquisition process
  • compensation matters
  • post-construction reclamation and related issues

ADR can be used throughout the life-cycle of facilities, from the early planning stage of a project to operation and abandonment.

Why ADR?

  • Promote efficiency by achieving resolution outside of an adjudication process.
  • Promote a better understanding between parties of the issues and identifying common interests.
  • Enable parties involved to take an active role in resolving the dispute.
  • Increase face-to-face discussions between affected parties and company decision-makers.
  • Promote better relationship and communication between parties.

What if it doesn’t resolve the issues on the dispute?

At any time, applicable regulatory and legal processes remain available to address the dispute and can also continue in parallel to ADR.

Important things for you to know:

  • The CER’s ADR can offer facilitation and mediation services.
  • Participation in ADR is voluntary – all parties involved in the dispute must agree to participate.
  • The CER’s participant funding program is not designed to include financial support for participating in ADR, however in some previous ADR sessions, the pipeline company has offered to cover reasonable costs.
  • Discussions in ADR meetings are confidential and conducted without prejudice unless the parties agree otherwise.
  • The CER Act allows for the Commission to use or refer to the results of the ADR process in its decisions, orders or recommendations.

Where to go for more information

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