Dispute resolution to help prevent or resolve groundwater conflict in rural southwestern Ontario

This paper addresses the issue of conflict resolution mechanisms in Ontario's groundwater policy. It is argued that the current dispute resolution system is inadequate in dealing with groundwater disputes. A description of the current system, referred to as the Permit to Take Water Program, is provided through a review of the materials on the policy and procedures, and from interviews with policy administrators from the Ministry of the Environment. It is argued that collaborative Dispute Resolution processes, otherwise known as Alternative Dispute Resolution processes, may be appropriate for resolving the kinds of conflict that currently go resolved in a manner that is unsatisfactory to all the parties. The processes of mediation and partnering are focused upon and the benefits of collaborative processes are discussed. This section draws heavily from Dispute Resolution literature. A case study of a groundwater conflict is described to illustrate an example of a dispute that is unsatisfactorily resolved by the current system. Mediation and partnering are assessed to determine whether they could help resolve or prevent the case study conflict. In particular, mediation was assessed by a procedure in common practice referred to as case assessment. (Abstract shortened by UMI.)