How to switch dispute resolution services

 Not sure what what your options are?

Depending on the method of dispute resolution being used for your case, you may be able to switch to another dispute resolution service.

Read below to find out more.

 

Facilitation

If facilitation resolves your concerns, your file will be closed.

However, if facilitation is not successful, or only partially successful, you may be able to request one of these options.

Contact your case officer to get more information.

You can use this process… If…

Mediation

You want to work with an Agency mediator who will assist in reaching a timely solution that might not be available through arbitration or adjudication.

Arbitration

You want your dispute settled by a neutral third-party for:

  • Rail level of service;
  • The application of any rate or charge for the movement of goods
  • Charges for incidental services
  • Rates
  • Conditions of service
Note: this process does not apply to travellers.

Adjudication

You want the Agency to issue a legally-binding decision through a court-like process.

Mediation

If no settlement or only a partial settlement is reached, any remaining issues may be addressed through facilitation or adjudication. The Mediator will not participate in this process. 

The discussions held, as well as any documents, including reports and notes, created during the mediation process remain confidential and cannot be disclosed in adjudication, unless all parties agree to disclose them.

Contact your mediator to get more information about your dispute resolution options.

If a settlement agreement is reached, you will not be able to revisit the issues if the agreement results in a final and legally binding contract. To learn more about settlement agreements, see Resolution of Disputes through Mediation: A Resource Tool.

Arbitration

During arbitration

For rail arbitration and rail level of service arbitration, you can switch to mediation before an arbitrator is appointed if all parties agree. 

For final offer arbitration, you are locked into the process once it begins.

After arbitration

The arbitrator's decision is final and binding on the parties for a year. It cannot be appealed or revisited (except for minor corrections).

Adjudication

During adjudication

Your dispute can go to facilitation or mediation, even if the adjudication has already begun.

You can request mediation or facilitation by contacting your case officer. In some cases, Agency staff may suggest that you consider these options as an effective way of resolving some or all of the issues.

An adjudication process will be put on hold (stayed) while the mediation or facilitation takes place.

If all the issues aren’t resolved through facilitation or mediation, it is possible to return to the adjudication.

If one or more of the parties do not want to use facilitation or mediation, the Agency will continue with adjudication.

After adjudication: How to appeal or challenge an Agency decision

An Agency order or decision is binding upon the parties. However, any order or decision may be:

  • appealed to the Federal Court of Appeal on a question of law or jurisdiction, within 30 days of the date of the order or decision; and
  • amended or rescinded at any time if a petition is filed with the Governor in Council and the petition is granted.

 

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