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FAQ Alternative Dispute Resolution

What is Alternative Dispute Resolution (ADR)?

Alternative dispute resolution (ADR) is a confidential and voluntary process in which a neutral third person assists parties involved in a dispute to resolve issues. ADR provides an alternative to litigation that is both less costly and time consuming. As ADR is also non-confrontational, it can restore and help preserve business relationships.

Why consider Alternative Dispute Resolution (ADR)?

  • The IAD employs a unique ADR process.
  • Participants generally have positive experiences in the mediation process.
  • The contribution of Dispute Resolution Officer’s (DROs) to the ADR Program is highly valued.
  • The ADR Program enjoys varying levels of support amongst stakeholders.
  • Minister’s counsel are perceived to be resistant to the ADR Program.
  • Appellants’ counsel do not meet a sufficiently high level of competency.
  • Cases that resolve at ADR produce time savings. Cases that do not resolve at ADR take longer to reach a hearing than do cases not streamed into ADR.
  • The hearings associated with failed ADR cases take longer, on average, than other hearings in Toronto.
  • ADR offers cost advantages to Appellants in certain circumstances.
  • The ADR Program is a cost effective alternative to hearings.
  • The resolution rate of cases within the ADR Program compares favorably with other similar Programs.

What kind of documents should I provide as disclosure before the ADR Conference?

In this kind of case, one of the reasons for refusal of your sponsorship may be that the Citizenship and Immigration Canada (IRCC) officer did not believe you have a genuine marriage, or a genuine common-law or conjugal partner relationship, and that you entered into this relationship primarily for immigration purposes. At a hearing or an ADR Conference, you should try to show:

  • How you met your spouse or partner and how your relationship developed;
  • How long you have known your spouse or partner;’
  • The circumstances of your marriage or common-law/conjugal relationship, including the knowledge and involvement of your families;
  • What you did after you got married or started your conjugal relationship, including what contact you have had with your spouse or partner;
  • What you know about each other;
  • What you plan for your future together; and
  • Any other information that may help your appeal.

You should come prepared to deal with all of the reasons the IRCC officer gave for refusing your spouse’s or partner’s application. Some of the important documents that would be useful to bring to a hearing or an ADR Conference would be evidence such as letters, telephone bills, photographs, video cassettes, airline tickets, passports, receipts for gifts or money sent by either spouse or partner, etc. If the written information or documents that you want to use were not already provided to the Immigration Appeal Division or Minister’s counsel, then you must provide it no later than 10 days before the ADR Conference. For further information, contact us.