Selections Protocol – The ADR Institute of Ontario

ADRIO Protocol for the Appointment of Individual Mediators or Arbitrators
APPROVED BY THE ONTARIO BOARD OF DIRECTORS
MARCH 8, 2011

Purpose of the Committee

Each year a Referral and Selection Committee (the “Committee”) shall be struck for the purpose of (a) appointing individual arbitrators and mediators, as requested by parties involved in a dispute, or (b) selecting rosters, as requested by a client who has requested such assistance from the Institute.

The protocol set out below deals with appointing individual mediators or arbitrators. A separate document outlines the protocol for roster selection.

The Committee

The Committee will consist of seven (7) members who agree to sit for a minimum of one year.

Committee members will be chosen from ADRIO members in good standing. At least three (3) members will be members of the Institute’s Board of Directors.

A Chair, who will be a member of the Board of Directors of the Institute, will be appointed from among the committee of seven (7) members, to serve for a minimum of one (1) year.

In cases where the request is for an arbitrator, at least one member of the sub-committee will have a C.Arb. designation. In cases where the request is for a mediator, at least one member of the sub-committee will have a C.Med. designation.

A sub-committee with a minimum of three (3) members, one of whom shall be on the Board of Directors, shall be required to choose individuals for appointments.

All requests for appointment shall be circulated by the Chair, (or staff should the Chair be unavailable) to the committee who shall each advise if they are able to participate in the appointment process or if, for any reason, they cannot participate due to a conflict of interest.

Members of the sub-committee of 3 selecting a particular arbitrator or mediator for clients shall be excluded from the selection process, while serving on the Individual Arbitrator/Mediator selection sub-committee.

The Criteria for an Individual Appointment

All Individual appointments shall be made from the membership of ADRIO
.
Where the parties have agreed to an Arbitrator or put forward names for consideration by the other parties to the dispute their selections will take precedence.

Subject to the right of the parties to appoint a single Arbitrator by agreement, and the procedure set out in Rule14 (d) with respect to selection of an Arbitration panel,any appointment shall be made based upon the Committee’s determination as to who best meets the requirements of the parties taking into account background, experience, qualifications, location and any other criteria that may be relevant in the circumstances. The Selection Committee, will, where all else is equal, attempt to distribute work broadly, throughout the membership.

The Process

All requests for an individual appointment shall be sent electronically, by fax or by ordinary mail to the ADRIO office. The parties shall include all information they deem necessary but at a minimum:
– Names and contact information for the parties involved
– Names and contact information for the counsel representing the parties (if any)
– Summary statement of the nature of the dispute – key elements
– An estimate of the amount claimed or the value of what is at issue
– The remedy sought
– The required qualifications of the arbitrator or mediator as agreed by the parties

The Executive Director or Office Manager will review the request and immediately forward it to the Committee Chair,. The Committee Chair or staff will find out which of the 7 committee members will sit on the selection sub-committee of 3. Once that is determined, staff will provide a list of potential candidates whom they believe satisfy the parties’ criteria and from which the sub-committee can choose. After June 30, 2009, ADR Connect will be the only tool used by staff in developing the list, unless the criteria or combination of criteria requested by the parties cannot be found on ADR Connect. Staff will, otherwise, exercise no discretion in developing the list. Staff will put forward the first five (5) – ten (10) names, or more, that meet all of the parties’ selection criteria. The names of those serving on the 3 member sub-committee will be excluded from the list.

The Chair, or if he or she is unavailable, Institute staff, will strike a sub-committee to select the top three (3) choices from the list provided by staff, based on the parties’ criteria. The choice of individual(s) for appointment or recommendation to the client shall be by consensus or majority vote.

The sub-committee members may ask the ADRIO staff for their input.

The Chair of the sub-committee or his/her designate will perform a conflict of interest check and then advise the Institute of the top three (3) sub-committee choices.

The Institute will in turn advise the parties of the Committee’s top three (3) choices so that the parties can make their final selection.

Should the parties reject the first three (3) names provided by ADRIO and request an additional three (3) names, staff and sub-committee will attempt to fine-tune the criteria and, following the selection process outlined above, provide the parties with another three (3) names.

All deliberations are strictly confidential and no reasons for appointing or for not appointing shall be disclosed under any circumstances. The name(s) of those appointed shall remain confidential.

The protocol for selecting individual mediators or arbitrators shall be posted on the ADR Institute of Ontario web site.

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Roster Selection Protocol
APPROVED BY THE ONTARIO BOARD OF DIRECTORS
MARCH 8, 2011

Purpose of the Committee

The protocol set out below deals with roster appointments. A separate document outlines the protocol for dealing with individual appointments.

The Committee

The Committee will consist of seven (7) members who agree to sit for a minimum of two years.

Committee members will be chosen from ADRIO members who are in good standing with the Institute. At least three (3) members will be members of the Institute’s Board of Directors.

A Chair, who will be a member of the Board of Directors of the Institute, will be appointed from among and by the seven (7) members, to serve for a minimum of one (1) year.
A sub-committee with a minimum of three (3) members, one of whom shall be on the Board of Directors, shall be required to select any Roster.

In cases where the roster request is for arbitrators, at least one member of the sub-committee will have a C. Arb. designation. In cases where the roster request is for a mediator, at least one member of the sub-committee will have a C. Med. designation.
Members of the sub-committee of 3 selecting a particular roster shall be excluded from applying for that roster appointment, and direct appointment by the client, while serving on the Roster Selection sub-committee.

All requests for roster selection shall be circulated by the Chair to the committee who shall each advise if they are able to participate in the roster selection or if, for any reason, they are unable to participate due to a conflict of interest.

The Criteria for Appointment to a Roster

All roster appointments shall be made from the membership of ADRIO. To be considered for a roster an applicant must (a) be a member in good standing of ADRIO and (b) have an updated listing on ADR Connect.

Roster appointments shall be made based upon the Committee’s determination as to who best meets the client’s requirements taking into account background, experience, qualifications, location and any other criteria that may be relevant in the circumstances. The date upon which the applicant joined the Institute will be included in the roster application and duration of membership is a factor the committee may take into consideration in selecting the roster.

The client will have the right to strike the name(s) of any member proposed by the committee for the roster to which the client objects.

Unless otherwise required by the client, rosters shall be re-selected every two (2) years. Members previously on the roster are free to re-apply and will be considered along with new applicants but are not guaranteed selection.. The Selection Committee, will, where all else is equal, attempt to distribute work broadly, throughout the membership.

If a person named on a roster ceases to be a member of ADRIO, or fails to maintain the necessary qualification for the roster, their name shall be immediately struck from the roster.

The Process

Once the criteria required for the selection of roster members has been determined by the client or developed by a specially appointed committee of the ADRIO (eg. CCAC Committee) and the client, ADRIO staff will prepare and circulate a roster ‘call’ to the membership soliciting applications from those interested in being appointed to the roster.

ADRIO staff will collect applications and will forward those that meet the minimum qualifications to the Referral and Selection Committee Chair.

The Chair or staff will strike a ‘sub-committee’ to select roster members who best meet the requirements of the client and communicate the names of those selected to ADRIO staff.

ADRIO staff will advise those who have been selected of their appointment and will follow through with the appropriate documentation.

ADRIO staff will notify those who applied but who were not selected by e-mail:
– Advising them that they were not selected for this roster
– Advising them that their applications will be kept on file should vacancies arise
– Encouraging them to apply to future calls
– Thanking them for their interest

All deliberations are strictly confidential and no reasons for selecting or for not selecting an applicant for a roster shall be disclosed under any circumstances. The names of those selected for the roster shall not be made public.

The Roster Selection Protocol shall be posted on the ADR Institute of Ontario web site.