APPROPRIATE DISPUTE RESOLUTION -

Landowners and Oil and Gas

COLLABORATIVE PRINCIPLES

We feel that landowners, residents and energy companies can use Alternative Dispute Resolution approaches in the way they do business. In cases where the parties are too positional, their relationship has a poor history, they lack mutual trust or are unwilling to listen, third party facilitation through Mediation is useful and effective.

EFFECTIVE PROCESS

If it is not possible to reach agreement with a company about an energy application through direct negotiations, it may be necessary to call in outside help. ADR may be used for operational disputes involving, Odour, Water Quality, Upgrades, Noise, Reclamation, Animal Health, Wells and Pipelines. Through Alternative Dispute Resolution mechanisms, disputes can be resolved in an efficient and timely manner, leading to better company-landowner relations, without immediately involving the Energy and Utilities Board.*

THIRD PARTY MEDIATOR

The role of the Versatility Group is to facilitate communications, identify key concerns and help the parties negotiate a settlement that is satisfactory to both parties. Constructive Communication is the cornerstone of mediation, and paves the way for positive future working relationships.

THE PROCESS

The Versatility Group will arrange preliminary meetings with both parties to discuss the nature and extent of their concerns. This preliminary meeting will determine, who should participate in the Mediation, what information will be required, what role will the advisors play, i.e. Lawyers, Experts, what timelines and deadlines are there, confidentiality, costs involved, how these costs will be managed, and dates and location and times for the Mediation.

Goal Of ADR Process:
The goal of dispute resolution is to help people understand each other's interests, to be curious and to work out a solution that is acceptable to both parties.

The Versatility Group will:

  • Work with you to find out if Mediation is the right option for them.
  • Set up a preliminary meeting with the parties to explain Mediation and the role of the Mediator, and what are the next steps to be followed.
  • Mediate the dispute, involve all the necessary parties, keep all necessary parties informed of outcome, and draw up an Agreement that is mutually beneficial for all parties.
 

Note (*):

If the the ERCB is not part of the Mediation Meeting, you may wish to send them copies of the minutes so they know about your concerns and can address any regulatory issues, if necessary, at a later date.