INNOVATION March-April 2012

r egu la tor y notes

Member Consultation on Alternative Complaint Resolution Bylaw Proceeds

I n 2008, the Engineers and Geoscientists Act (Act) was amended to permit “alternative complaint resolution” (ACR) of discipline cases. While the Act amendments envisaged and authorized an ACR bylaw and some mediations of disciplinary matters have been conducted using the ACR provisions in the Act as a framework, as yet no bylaw exists. In late 2011, APEGBC’s Discipline Committee submitted a draft ACR bylaw to Council for consideration. Council approved the bylaw in principle and directed staff to consult with members and other stakeholders on the bylaw and its wording. The proposed ACR bylaw will address common issues and considerations that are not covered by the Act . These include the form of ACR (mediation, negotiation, other), the Association’s involvement in the mediation, payment for the process, and publication of any consent order negotiated as a result of ACR. The Association’s proposed ACR bylaw is in keeping with those of other self-regulatory organizations. APEGBC has found that the mediation process has been very successful as an efficient and effective means of resolving discipline cases and protecting the public interest, and a number of APEGBC discipline cases have been successfully resolved at mediations over the past few years. The Act already contains much of the framework and rules for ACR. What the bylaw addresses are common issues and considerations that are not covered by the Act . These are: • The form of the ACR (mediation, negotiation, other, any combination of these) • The Association’s involvement in the mediation

(otherwise there is no one to present the “prosecution’s case”)

• Payment for the ACR process • Publication of the consent order.

Alternative Complaint Resolution Benefits

APEGBC has significantly reduced discipline related legal expenses through the use of mediation and forecasts a continued decline in the 2011/2012 fiscal year (Figure 1). In addition to reductions in legal expenses, there are a number of other benefits to ACR, including: • Flexibility of procedure – The process is determined and controlled by the parties to the dispute • Opportunity for all parties to be heard and considered • Lower costs • Less complexity (“less is more”) • Parties’ choice of neutral third party (and therefore expertise in area of dispute) to assist negotiations • Likelihood and speed of resolution • Practical solutions tailored to parties’ interests and needs (not rights and wants, as they may perceive them) • Durability of agreements • Preservation of relationships. Mediation as Complaint Resolution – What it is and How it Works The following is abridged from “Mediation – The Continuing Story” by J Marc MacEwing in the January 2012 Shapiro Hankinson & Knutson newsletter.

CONFERENCE REGISTRATION IS NOW OPEN!

LEADERSHIP IN SUSTAINABLE INFRASTRUCTURE EDMONTON, JUNE 6-9, 2012 CANADIAN SOCIETY FOR CIVIL ENGINEERING 2012 ANNUAL CONFERENCE

HONORARY CHAIR: THE HONORABLE ED STELMACH

PLENARY KEYNOTE: DR. MICHAEL PERCY

• Grand Opening Reception at the Art Gallery of Alberta • Annual General Conference • Specialty Conferences in Structural, Transportation, and Environmental Engineering • 1st International Conference on Sustaining Public Infrastructure • 125th Anniversary CSCE/EIC Awards Gala and Banquet • Trade Show Exhibition

International Infrastructure Super-Session

• Historical Site Dedication, Technical Tours, Social Events and Companions’ Program

For further information and to register, visit: www.csce2012.ca

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