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Workers’ Compensation Appeal Tribunal Alternative Dispute Resolution Regulations

made under Sections 240 and 255 of the
Workers’ Compensation Act
S.N.S. 1994-95, c. 10
O.I.C. 1998-682 (December 18, 1998), N.S. Reg. 105/98

1 These regulations may be cited as the Workers’ Compensation Appeal Tribunal Alternative Dispute Resolution Regulations.

Alternative dispute resolution process
2 (1) Subject to subsection (2), an alternative dispute resolution process will continue to be available in respect of an unresolved appeal to the Workers Compensation Appeals Tribunal that relates to an injury which occurred prior to February 1, 1996.

(2) The alternative dispute resolution process is voluntary, and if any party to the appeal objects to the application of the process to the case, the process will not proceed.

3 Where an alternative dispute resolution process results in an agreement by the parties, the Workers’ Compensation Appeals Tribunal member who facilitated the process shall assess the agreement to ensure that it is not a patently unreasonable outcome, and, where appropriate, will incorporate the written record of the settlement signed by the parties into the final and binding decision of the Workers’ Compensation Appeals Tribunal.

No agreement
4 Where no agreement in accordance with Section 3 results from an alternative dispute resolution process,

(a) discussions which occurred as part of the process are deemed to have been without prejudice and shall be disregarded by the Workers’ Compensation Appeals Tribunal in the resolution of the appeal; and

(b) the Workers’ Compensation Appeals Tribunal will schedule the appeal in the same manner and time frame as if the case had not been included in the alternative dispute resolution process.