Printer Friendly
The Free Library
19,607,059 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Basics of ADR process. (Canada).


In the mid- mid-
pref.
Middle: midbrain. 
1990s, as the number of lawsuits alleging abuse in native residential schools began to pile up, the concept of an alternative dispute resolution Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce  (ADR ADR - Astra Digital Radio ) process was raised.

Hearings would take place in meeting rooms rather than courtrooms. The setting would be less intimidating in·tim·i·date  
tr.v. in·tim·i·dat·ed, in·tim·i·dat·ing, in·tim·i·dates
1. To make timid; fill with fear.

2. To coerce or inhibit by or as if by threats.
 for plaintiffs telling painful stories of abuse. Although victims would still have to prove their stories, they would not be subject to aggressive cross-examination cross-examination: see evidence.  by defense lawyers. The arbitrator's decision would be final, not subject to myriad Myriad is a classical Greek name for the number 104 = 10 000. In modern English the word refers to an unspecified large quantity.

The term myriad is a progression in the commonly used system of describing numbers using tens and hundreds.
 appeals, so plaintiffs could access compensation faster--an important issue since many former residential school students are elderly.

In 1998 and 1999, the Department of Indian Affairs and Northern Development organized eight "exploratory dialogues" nationwide involving native people, lawyers, church and government representatives. One issue discussed was whether ADR could address the contention that the schools severely damaged aboriginal culture.

After 1999, the federal Department of Justice initiated 12 pilot ADR projects, but culture was not part of the process since loss of culture had not been recognized as a legitimate cause of action by any court and the government said it would compensate only for sexual and physical abuse. To date, no settlements have resulted from the ADR process, which became stalled stall 1  
n.
1. A compartment for one domestic animal in a barn or shed.

2.
a. A booth, cubicle, or stand used by a vendor, as at a market.

b.
 two years ago as government and churches wrangled over who would pay for the process.

In recent months, ADR has received renewed energy--and further consultation with the affected groups, including natives--after the government agreed last November to pay 70 per cent of proven claims and the Anglican church agreed to pay 30 per cent, up to $25 million. Application forms are being developed and will be ready by late spring, said Nicole Dakin, a spokesperson for the federal Office of Indian Residential Schools Resolution, with the first hearings scheduled to start in the fall The forms will be on the Office's Web site, but it has nor yet been decided how many hearing locations there will be across the country, she said.

To date, said Ms. Dakin, about 630 court settlements have been reached, just 21 of them from judgments.
COPYRIGHT 2003 General Synod of the Anglican Church of Canada
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:alternative dispute resolution relating to abuse in residential schools
Publication:Anglican Journal
Geographic Code:1CANA
Date:May 1, 2003
Words:344
Previous Article:Whither the downtown Montreal churches?
Next Article:Church leaders talk full communion. (Canada).
Topics:



Related Articles
Ottawa's view of ADR dampens enthusiasm: visioning now `all seems to have gone by the boards'.
Optimism cited in negotiations: progress made over summer months.
Talks now focus on alternatives to court: formal negotiations at an impasse (on residential school issue).
Ottawa makes unilateral offer (to settle native residential school lawsuits).
Ottawa moves to resolve crisis: (Herb) Gray says bankrupt churches not desirable.
Schools agreement signed: eleventh hour complaint from native council.
Church reacts to native boycott; sense of betrayal felt on all sides since signing.
Council moves to mend fences with ACIP.
Litigation alternative on hold as government addresses concerns.
ACIP finds energy for indigenous church.

Terms of use | Copyright © 2012 Farlex, Inc. | Feedback | For webmasters | Submit articles