Canadian Foundation for Dispute Resolution

Mission and Vision

The Canadian Foundation for Dispute Resolution was incorporated as a non-profit alliance of business corporations and law firms in Canada working together to promote the creative resolution of business disputes.

The mission statement reflected an ongoing quest to promote awareness of alternative dispute resolution so that these alternatives become part of the mainstream of how business disputes are resolved. The mission is ongoing in the sense the challenge will never be fully met; that is, there will always be new people and new organizations to educate on the merits of alternative dispute resolution.

The vision for the Foundation was to become the leading organization in Canada that promotes and assists the business community and the legal profession in the resolution of domestic and international business disputes, buy fostering an understanding and appreciation of alternative dispute resolution. The vision defined "success" for the Foundation. It set forth what the organization was expected to become.

Early History of the Organization: 1994 – 1998

In early 1994, John J. (Jack) Marshall, of Macleod Dixon, and William J. (Bill) Hartnett, of Imperial Oil, had a discussion about the need for an organization to: (1) promote the use of alternative dispute resolution, and (2) assist disputing parties, and their lawyers in identifying qualified and capable third-party neutrals. That discussion led to the formation of a steering committee consisting of representatives from a group of ten large law firms in Calgary and from the Association of General Counsel of Alberta, an organization consisting of the general counsel or management lawyers from about seventy corporations and public authorities.

The steering committee ultimately determined that there was a need for such an organization and that there was sufficient support, in principle and financially, within the business and legal community in Calgary. As a result, the Canadian Foundation for Dispute Resolution was incorporated in August 1994. The Foundation's first part-time (50%) executive director was Owen G. Snider. Mr. Snider was the executive director of the Alberta Law Foundation, and arrangements were made with that foundation for a timesharing arrangement for about one year.

During that first part-year of operations, The Foundation successfully held a conference in Calgary with an attendance of about seventy individuals from the business and legal communities. Highlights of the Foundation during 1995 included:

By September 1995, the Alberta Law Foundation required Mr. Snider's services on a full-time basis and S. N. (Noel) Rea became the second part-time (75%) executive director. Mr. Rea is a senior counsel at Imperial Oil with litigation experience and in particular with multi-party disputes. A secondment was entered into with Imperial Oil to make Mr. Rea available to work as the executive director. Lori Bazin, also Imperial Oil, assisted him.

There was a modest growth in membership during 1996. Highlights included:

Seminars were held with other organizations, such as: (1) a conference with the Insurance Bureau of Canada in October 1996, (2) a joint seminar with the Calgary Chamber of Commerce, and (3) another conference jointly sponsored with the Calgary Chamber of Commerce, the Alberta Arbitration and Mediation Society, and the Better Business Bureau in November 1996.

In the third full year of operation - 1997- there was more modest growth in membership (thirteen new members) but increasing recognition of the significant role the Foundation was playing in bringing alternative dispute resolution into the mainstream of the way business disputes are resolved in Canada. Membership had grown 68% by the end of the year - 38 corporations and 27 law firms. Of the membership, 42 (65%) were founding members.

1998 was a year of transition. Membership stabilized, Mr. Rea's secondment ended, and there was increasing recognition of the need to enhance the natural presence of the Foundation. In January, another very successful seminar was co-sponsored with the Calgary Chamber of Commerce, the Canadian Association of Petroleum Producers, and the Petroleum Joint Venture Association. Work began on a business plan and a website. Mr. Rea was replaced by William T. Kilbourne, who served as part-time (40%-50%) executive director and subsequently executive vice-president between September 1998 and February 1999.

History of Change: 1999 – 2000

In January 1999, in a 57-page business plan, several situations were identified that might present opportunities for the Foundation to refocus its direction. These events were (1) the establishment of mandatory mediation in Toronto and Ottawa-Carleton in January 1999, (2) concerns in the business community about Y2K disputes, and (3) an ongoing focus by many corporations on cost reductions which should include the costs of disputes and litigation.

There was recognition of the need to increase revenues beyond membership fees to succeed over the longer term. It was decided to proceed with several initiatives that would require both staff and volunteer support, including:

In April 1999 Judy Ballantyne was hired as project manager for these three significant initiatives, and subsequently appointed as executive director in July. Nicole Lambert was employed for the summer to assist with the project. In October 1999 the Foundation's offices moved to Toronto.

The Millennium Accord was an international ADR initiative to encourage parties to use ADR for Y2K disputes. It was similar to the Foundation's Dispute Resolution Protocol which commits signatories to willingly consider and suggest ADR processes in appropriate situations prior to turning to the courts. The Millennium Accord was successful - with more than five hundred organizations signing its Declaration of Support - in raising awareness of ADR as a first resort to resolving business disputes. While the Foundation was ready to train neutrals and assist members and others, a Y2K crisis never happened. However, The Millennium Accord did allow the Foundation to (1) raise its profile in the business and ADR communities, (2) raise sponsorship funds to offset its expenses, and (3) attract some new members - but not as many as had been hoped for.

ADR Connect was developed to allow parties to conduct comprehensive searches for ADR professionals using the Foundation's website on the Internet. ADR Feedback was to provide the Foundation - and parties looking for ADR professionals - with confidential information about: (1) party satisfaction with individual neutrals, and with the particular ADR processes, (2) cost savings, (3) time savings, and (4) whether or not there was success in resolving the dispute. Implementation of these projects was delayed during merger discussions with the Arbitration and Mediation Institute of Canada.

During 1999 and 2000, mergers in the business community were having a negative impact on Foundation membership. There was increasing recognition of the value of, and discussions of opportunities for, closer collaboration with other ADR organizations. In June 2000, the Foundation co-sponsored an International Commercial Arbitration Seminar with the Calgary Chamber of Commerce and the North American Free Trade Agreement's "NAFTA 2022" Committee in Calgary. In July, the members of the Foundation and the Arbitration and Mediation Institute of Canada approved a consolidation of the two organizations effective August 1, 2000 to create the ADR Institute of Canada, Inc. with the expectation of:

The ADR Institute assumed the membership, the assets, and the responsibility for the mission and services of the Foundation. The Foundation continues as a wholly owned subsidiary of the ADR Institute to assure the business community of the continuing validity of rules of arbitration referenced in business contracts.

Acknowledgments

At the time of the consolidation, the Foundation had membership of sixty-one organizations - 34 corporations, 24 law firms, and 3 affiliate member organizations. Member corporations and law firms funded operations of the Foundation through membership fees. Their support fueled the successes of the Foundation. The Foundation's third party neutral panel listed 120 neutrals at consolidation. Access to them was an important benefit to members of the Foundation. The Foundation had the support of committed directors, advisory board members, and committee members. Their expertise, efforts, and influence were invaluable.

At their final meeting as an independent organization, the directors noted that the Foundation is nationally recognized for raising the profile and increasing the practice of ADR in the business community. They thanked Mr. Hartnett for his leadership and the tremendous amount of work he did as president of the Foundation, and they recognized the important contributions of Mr. Rea and Ms. Bazin. They were appreciative of the support of Imperial Oil. They expressed enthusiasm for continuing this work through the ADR Institute.