Alternative dispute resolution: How are we doing?

We introduced alternative dispute resolution (ADR) at the Appeal Division to simplify and shorten the appeal process by allowing parties to talk directly with each other, so they may be able to resolve the appeal informally without a hearing. We do this with appeals where we think there is a good chance of success. I’m pleased to share the review of ADR at the Appeal Division.

Here are some highlights of the report:

• Between April 2019 and March 2020, 84 Appeal Division files went through ADR – 49 involved Employment Insurance issues and 35 involved Income Security issues. This represents close to 10% of Appeal Division files.
• 99% of the ADR conferences occurred prior to a leave to appeal decision.
• ADR was successful 80% of the time. Of that 80%, three-quarters ended the dispute conclusively while the other quarter were returned to the General Division for a new decision.
• The average processing time for successful ADR (excluding reconvenes) is 47 days – compared to 94 days for all Appeal Division appeals.

The feedback we received from people going through the ADR process has been very positive. ADR has shown an excellent success rate in terms of resolving the issues under appeal. This means less stress for the people involved.

We will continue offering ADR at the Appeal Division, as it has proven to be a strong tool to further our commitment to access to justice (A2J).