DAOD 5046-0, Alternative Dispute Resolution

Table of Contents

1. Introduction
2. Definition
3. Policy Direction
4. Authorities
5. References

1. Introduction

Date of Issue: 2005-05-13

Application: This is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Supersession: CANFORGEN 064/03, Conflict Management Program (CMP)

Approval Authorities:

• Assistant Deputy Minister (Human Resources - Military) (ADM(HR-Mil)); and
• Assistant Deputy Minister (Human Resources - Civilian) (ADM(HR-Civ)).

Enquiries: Director General Alternative Dispute Resolution (DGADR)

2. Definition

alternative dispute resolution (mode alternatif de résolution des conflits)

Alternative dispute resolution means any process used to resolve disputes, other than the more formal, traditional or legal methods of resolving disputes such as:

• court adjudication;
• tribunals;
• the DND and the CF grievance processes; and
• the DND and the CF harassment complaint processes.

It includes a variety of processes such as:

• negotiation (self-resolution);
• mediation (third party assistance); and
• coaching (of parties to a dispute).

3. Policy Direction

Context

3.1 The DND and the CAF promote a working environment that respects ethics and values, builds morale and encourages a high level of operational readiness. The DND and the CAF recognize that in order for this to occur, a range of dispute resolution (DR) processes must be available to address conflict that will inevitably arise.

3.2 As an integral component of the DR range, alternative dispute resolution (ADR) processes:

1. support the chain of command;
2. support the role and mandate of unions;
3. promote unit cohesion and morale;
4. contribute to operational effectiveness;
5. support the priorities of the DND and the CAF;
6. provide users at all levels with a process to resolve issues at the lowest level and at the earliest stage;
7. complement other formal processes;
8. provide easily accessible, voluntary, multi-optional processes that are integrated with existing processes; and
9. do not restrict the chain of command from taking appropriate administrative or disciplinary action.

3.3 The goal in implementing these ADR processes is to prevent disputes from arising or escalating wherever possible and, if they do arise, to facilitate their resolution informally and quickly. The benefits of such processes include:

1. improved morale and productivity;
2. a reduction in the number of formal grievances; and
3. a reduction of the time and money spent dealing with them.

3.4 ADR processes do not replace existing formal, traditional, legal methods of resolving disputes. DND employees and CAF members continue to have the right to use other available DR processes and to return to any of these processes even after ADR has been attempted.

3.5 Detailed information on ADR and its use is contained in the Conflict Management Program - Guidelines for the Use of Alternative Dispute Resolution Processes.

Policy Statement

3.6 The DND and the CAF are committed to:

1. resolving workplace conflicts in a timely and cooperative manner;
2. establishing, promoting and utilizing ADR as the preferred approach to preventing the escalation of disputes and resolving workplace disputes wherever and whenever appropriate; and
3. continuing their leadership role, within Canada and internationally, in promoting and expanding the use of ADR.

Requirements

3.7 The DND and the CAF must:

1. provide ADR processes that are flexible and respect the confidentiality concerns of participants and the chain of command as well as applicable legislation;
2. ensure that all DND employees and CAF members are well informed as to the ADR processes available;
3. ensure that high quality ADR services are available and accessible by all DND employees and CAF members, employees of associated agencies (e.g., CAF Personnel Support Agency) and the Canadian cadet organizations on a voluntary basis, in a timely manner and without fear of reprisal or retaliation;
4. provide easily accessible information concerning ADR processes, principles and procedures in order that all DND employees and CAF members may make informed decisions regarding workplace conflict resolution;
5. ensure that ADR processes are aligned with the ethics and values of the DND and the CAF;
6. provide standardized ADR training for DND employees and CAF members in conflict resolution skills;
7. provide standardized training leading to the qualification of ADR practitioners, including mediators; and
8. ensure that practitioners and mediators are qualified, and adhere to the Code of Ethics for Mediators in the DND and the CF, the Values and Ethics Code for the Public Service and the Code of Conduct for CF Personnel, as applicable.

4. Authorities

Authority Table

4.1 The following table identifies the authorities associated with ADR:

5. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Access to Information Act
• Canadian Human Rights Act
• Privacy Act
• Public Service Labour Relations Act
• DAOD 5012-0, Harassment Prevention and Resolution
• CF Grievance Process
• Conflict Management Program - Guidelines for the Use of Alternative Resolution Processes

Other References

• Values and Ethics Code for the Public Service
• DAOD 5016-0, Standards of Civilian Conduct and Discipline
• DAOD 5019-1, Personal Relationships and Fraternization
• DAOD 5026-0, Civilian Grievances
• CFAO 19-43, Racist Conduct
• CPAO 2.02, Human Rights - Discrimination
• B-GG-005-027/AF-023, Code of Conduct for CF Personnel
• Code of Ethics for Mediators in the DND and the CF
• Non-Public Fund Personnel Policy and Procedures Manual, Section 16, Canadian Forces Personnel Support Agency