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Alternative Dispute Resolution

Alternative Dispute Resolution

A voluntary, no-cost, and confidential way for landowners, indigenous peoples and other land users to resolve disputes with NEB regulated companies

Alternative Dispute Resolution [PDF 1017 KB]

Dispute with an NEB-regulated company?

If you and a company are in a dispute or have been working through some issues, the National Energy Board (NEB) can help you.

Through its Alternative Dispute Resolution program, the NEB offers confidential facilitation and mediation services at no-cost.

Access to these services is voluntary and increases the likelihood of reaching mutually acceptable solutions.

It can also help avoid potentially costly and time consuming regulatory and legal proceedings.

When to use Alternative Dispute Resolution?

A broad range of issues can be resolved by using Alternative Dispute Resolution, including:

  • terms in negotiated agreements
  • access to property during construction and maintenance of a pipeline
  • post-construction reclamation and related compensation issues

Alternative Dispute Resolution can be used throughout the life-cycle of facilities, from the early planning stage of a project to operation and abandonment.

Why choose it?

Methods in Alternative Dispute Resolution:

  • are available at no cost and voluntary
  • are flexible and allow parties to focus attention on the issues that matter most to them
  • put the parties in control, instead of an arbitrator or judge
  • can reduce stress related to appearing in formal proceedings
  • are confidential and involve discussions without prejudice, meaning that what the parties say cannot be raised later in regulatory or legal proceedings
  • are more likely to build lasting trust and goodwill between parties – especially important in long-term relationships

How does it work?

Anyone involved in a dispute can contact the NEB’s Alternative Dispute Resolution Coordinator to request assistance.

The NEB will work with all parties involved in order to identify the issues and conduct a preliminary assessment.

Before the parties decide to participate, a planning session will be held to develop a mutually agreed upon approach including the choice of a method, such as facilitation or mediation, timing, and logistics.

What if it doesn’t work?

At any time, applicable regulatory and legal processes remain available to address the dispute and can continue in parallel to Alternative Dispute Resolution.

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