APPENDIX A: PROPOSED NON-BINDING DISPUTE RESOLUTION PROCESS (Summary)

APPENDIX A: PROPOSED NON-BINDING DISPUTE RESOLUTION PROCESS

Summary

Below is a summary of the proposed dispute resolution process. The proposed process, and additional refinements / clarifications to the process, follows the summary. Please note, the proposed non-binding dispute resolution process was received in the form of a proposal in response to a competitive request for proposals process.

Mediation Team Qualifications

The Proponent proposes that mediation for Regional Growth Strategy (RGS) dispute resolution be undertaken by a team consisting of a mediator, Mr. Morley McKeachie, and a retired lawyer and registered professional planner, Mr. Raymond Young. The mediation team has experience working with local governments on land-use related issues, although no direct experience working with Part 13 (Regional Growth Strategies) of the Local Government Act.

Mediation Team Roles and Responsibilities

Mr. McKeachie will lead the mediation team and be responsible for overall project coordination. Pre-mediation work (e.g., reviewing written submissions, contacting parties for bi-lateral discussions) will be divided between the team. Mr. McKeachie will lead the mediated sessions with Mr. Young providing support as-needed. The team will work collaboratively to evaluate positions and issues. Mr. McKeachie will author the final report, with contributions from Mr. Young.

Role of Participants

Each party will identify a representative who has the authority to speak on their party's behalf. The proposed process indicates that representatives would report and/or consult with their respective councils / Board as needed. The proposed process gives the parties flexibility to determine whether the representative is an elected official or administration / staff.

Proposed Process

The mediation team proposes undertaking dispute resolution in four phases, as follows:

1. Process confirmation: The mediators will review available information and plan their strategy / process.
2. Pre-mediation: The mediators will seek written submissions from participating parties and meet individually with parties via teleconference to clarify issues. Parties will be asked to comment, in writing, on the positions. The mediators estimate one round of comments on the positions. The mediators will work with the participating parties to identify a date, time and participants for the mediated sessions.
3. Mediated session(s): The mediated session(s) will be held with representatives from the parties. Note that representatives must be authorized to speak on behalf of the party.
4. Findings report: The mediators will prepare a findings report summarizing the process and outcome, and recommend next steps.

Please note that following receipt of the findings report, the CRD would be required to revise the 2016 RGS and re-refer the revised sections for municipal acceptance. Any remaining disputed issues would be subject to a binding arbitration process.

Costs

The mediators underscore that time spent on the process is dependent on the nature of the issues under dispute and the level of responsiveness and participation in the process. The mediators are not presently in a position to provide a cost estimate on the dispute resolution process as they do not yet have detailed information as to the issues under dispute. The mediators are amenable to provide weekly cost reports. The mediators suggest that the parties be responsible for coordinating meeting logistics so as to save on costs.

As a cost control mechanism, the CRD would request that the Proponent provide an estimate of fees once information on issues and reasons for objections has been obtained, at the end of Phase 1. The estimate of fees would then be used to manage costs for the remaining dispute resolution phases.