The Ontario Construction Report – September 2009 – PAGE OCR 3
Early Dispute Resolution — An effective option
Realty Corporation the OGCA was asked case has gone to arbitration; all others have sides benefit, problems are not left to fester
CLIVE THURSTON
– Special to The OCR Construction Report
to suggest an alternative to litigation of dis- been resolved and there has been a drastic and stakeholders are not left hanging and
putes. Members of the OGCA are amongst reduction in litigation. More importantly getting angrier by the minute, the owner is
Recently I had the honour of being the top firms doing the work for the ORC the relationship between the contractors made aware of issues faster and it allows
elected as Chair for the Construction Sec- and felt the same how can we more quickly and the ORC has improved immensely. them to respond quickly to ensure that the
tion of the Alternate Dispute Resolution In- address issues and resolve disputes without The system has worked so well that problem is dealt with quickly.
stitute of Ontario. I have been involved in going the legal route. OGCA offered to act as a filter for com- Whether you use a system like the
ADR for many years and through many of In response we created the Early Dis- plaints from not just members but non OGCA EDRP or the services of a facilita-
my careers have found the skills useful in pute Resolution Program which, using the members, subtrades and suppliers who can tor, mediator, or arbiter the benefits are ob-
resolving difficulties and avoiding litiga- guidelines of both mediation and arbitration refer their problems to us. We then contact vious and I would encourage all
tion. created a fast and effective way to deal with the ORC’s representative where the issue is stakeholders to learn more about these
I have always felt that the less time we disputes and later with broader issues that referred to an “Issues Register” action is processes and use them to ensure projects
spend in court the better for everyone. Ac- affected subtrades and suppliers. The ORC taken within days to address the problem. do not suffer from unresolved disputes.
cording to a recent article by the Rt Hon. has since incorporated this process into The message is strong. ADR works and Clive Thurston is president of the On-
Beverley McLachlin P.C., Chief Justice of their best practices. most importantly the process of face to face tario General Contractors Association.
Canada she refers to the movement to ADR The program stresses the need for site and direct contact improves the outcome of For more information, visit the OGCA web-
and the reduction of litigation as the “Van- personnel to resolve issues and not let them a successful resolution to problems. All site at http://www.ogca.ca.
ishing trail”. (Construction Law Letter hang around, a common problem in our in-
Vol.25 Number 5). Ms. McLachlin pro- dustry. If they cannot find a solution either
vides an excellent review of the value of the may use the streamlined system referring
ADR process and its benefits and reminds the issue directly to the President (Clive
us that the courts do have a role as well and Thurston) of the OGCA and Mike Grei-
we should balance the two. danus Senior VP of Project Services at
At the OGCA we believe in the value of ORC.
consultation and the resolution of issues At this level the issue is reviewed by
through dialogue and face to face meetings. both and usually results in a solution, if not
How do you avoid confrontations and re- the next step is a facilitated meeting be-
solve issues if the lines of communication tween the GC his rep and the ORC project
seem to have broken down on your project? managers again this has proven effective at
Do you wait to the end and then let the getting to the real problem causing the issue
lawyers fight it out or is there another op- and in resolving monetary issues.
tion? The final step is binding arbitration. Our
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