International Law

Alternative Dispute Resolution Conferences aka ADR Conferences

By immlawyer

I'll be attending at the Immigration and Refugee Board this afternoon for 2 ADR Conferences. 

An ADR is typically scheduled at the Immigration Appeal Division. As a result, it's typically used in either removal order appeals (most likely minor criminality) and sponsorship appeals (refusal of a spousal sponsorship appeal this PM). 

An ADR is not a hearing; its an informal meeting between the appellant, Minister's counsel and the Dispute Resolution Officer. While counsel are frequently present, their role is circumscribed. 

It's essential that disclosure be done. The Rules require disclosure at least 10 days prior to the ADR; appellant's should be providing proactive disclosure in any event. 

The ADR is typically scheduled for 1 hour (hearings are scheduled for approximately 3 hours). The appellant or their counsel needs to advise if interpretation is required. 

There are only a couple of outcomes. If Minister's counsel consents, the appeal will be allowed without need for a full hearing. If the Minister's counsel does not agree, the appellant can either continue to a full hearing (the ADR will not prejudice him or her in this regard) or choose to abandon their appeal. 

An ADR is scheduled faster than a full hearing (in the case of the files this afternoon, they were scheduled within 9 months of the appeal being filed). 

Full post as published by Canadian Immigration Blawg on March 08, 2010 (boomark / email).