Building Mediation Expertise with Alberta Environmental Appeals Board

The Consensus Building Institute assisted the Alberta Environmental Appeal Board (EAB) in developing their mediation program and facilitation capacity through trainings, policy analysis, and evaluation.

EAB is an administrative tribunal that hears appeals regarding the actions of the provincial Ministry of Environment in Canada. Appeals range in topic from toxic waste cleanup, to water withdrawal permits, to reclamation certifications on former oil drilling sites. While EAB hears appeals through their formal administrative process, they also have a mediation program that allows disputants to seek consensus by working with an EAB member trained in mediation. EAB is a leader in facilitating consensus-building discussions in order to resolve disputes before they reach a formal administrative law setting.

Trainings
To ensure that EAB members are highly skilled in mediation, CBI provided numerous mediation trainings to EAB members and staff in the 1990s and 2000s. The trainings focused on reaching consensus on land reclamation, siting, and air and water permitting disputes. CBI has tailored simulations, vignettes, and case studies to highlight the particular challenges faced by EAB's mediators.

Policy Development
In addition to providing trainings, CBI also assisted EAB in refining its mediation policies. This policy development includes new Confidentiality and Agreement to Mediate forms, on-going consultation with Board staff, and an extensive mediation manual to guide EAB mediators. In addition, CBI published a paper with the EAB chairman in the Dalhouise Law Journal, entitled "Opportunities and Best Practices for the Use of Mediation in Canadian Environmental Administrative Tribunals" as well as an article on "Overcoming the Barriers to Environmental Dispute Resolution in Canada" for the Canadian Bar Review. CBI is also preparing a manual for future Board members on how to best apply mediation in the context of environmental administrative tribunals.

Program Evaluation
CBI developed an evaluation program to assess the Board’s mediation. CBI received over 150 responses from parties involved in EAB-sponsored mediation. 75 percent of respondents said they reached consensus in mediation and therefore did not require a formal Board hearing. 68 percent of all respondents, both that did and did not arrive at consensus, said the process was satisfying. Only 10 percent of respondents said they would not participate in mediation again. 67 percent of participants agreed that mediation encouraged them to consider various options for reaching consensus. 73 percent of respondents agreed that the process took less time and money than a formal hearing before the Board.

By encouraging participants to reach consensus through alternative methods of dispute resolution, EAB's mediation program saves time and money. The Board has recognized a difference in taxpayer costs when using mediation as opposed to formal Board hearings.

For more information on this case, please contact Managing Director Patrick Field. 

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