Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution process (ADR) is an alternative to the College’s formal complaint process. ADR allows the complainant, the registrant, and a third-party mediator to work together to create a resolution that satisfies all parties.
The ADR process will only take place if both the complainant and the registrant agree to resolve the complaint through this process.
The goal of ADR is to resolve complaints in a manner that protects the public interest while giving the parties the opportunity to participate actively in the process.
Many complaints are eligible for ADR, however, the Health Professions Procedural Code being Schedule II to the Regulated Health Professions Act, 1991, provides that complaints involving alleged sexual abuse cannot be referred to ADR, nor can matters which have already been referred to the Discipline Committee. The College may also decide that other complaints are not suitable for ADR. The College’s ADR Policy describes the ADR process and the criteria that must be met to process a complaint in this manner. For example, complaints that raise serious concerns about a registrant’s conduct, such as boundary violations or inappropriate patient care, do not meet the criteria for ADR.
Resolutions are unique to each complaint; therefore, many types of resolutions are possible depending on the circumstances of the complaint.
Some resolutions may include one or more of the following:
- Acknowledgment regarding the incident and the impact it had on the complainant
- An apology by the registrant
- Changes or initiatives set forth by the registrant that will serve to improve overall care
- An agreement by the registrant to take a remedial course or participate in an educational session relating to an issue(s) identified in the complaint
- An understanding or acknowledgment by the complainant that the registrant acted appropriately/did not act inappropriately
If a resolution is reached, both the complainant and the registrant must sign any agreement outlining the proposed resolution. The agreement shall be referred to the CEO who may, in turn, refer it to a panel of the Inquiries, Complaints and Reports Committee (ICRC) for review and acceptance to ensure it is in accordance with the public interest. Once an agreement has been accepted by either the CEO or a panel of the ICRC, it is considered to be a full and final resolution of the matter.
Complaints that go through ADR must be resolved within 60 days, with a possibility of an extension to 120 days. Should a resolution not be agreed upon within the time limit, the ICRC may proceed with its investigation of the complaint.
Learn more about the ADR process in the College’s Alternative Dispute Resolution Fact Sheet. You can also read the College’s ADR Policy.