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C2C ADR Council Meeting
Wednesday January 24, 2007 @ 7:30 am
CAPP Offices

Attendees

David Gould
Dave Savage
John Curran
Gordon Dainard
Pat Forrest
Nick Tywoniuk
Scott Nalder
David Hill
Karla Reesor

1. Minutes of November 9th, 2006 approved

2. Agenda approved

3. Round Table Updates - What is happening?
a) CAPL document
· Current target to issue April 07
· Scott Nalder reported

b) JPO5 is out and is being used to address disputes. EUB has endorsed JPO5 in a decision report.
· Pat Forrest and Scott Nalder reported

c) C2C handbook and the Mount Royal training
· Lets request that Mount Royal purchase and use 50 copies as a text book
· Pat Forrest reported

d) SEPAC
· SEPAC Investment symposium-mid March
· David Savage recommends we ask for a booth space, man it and market C2C.
· He will action this and report back
· David Savage reported


e) Tenure Advisory Committee
· Discussed disputes and how to address them. A round table may be scheduled and may be an opportunity
· Gordon Dainard

f) CAPLAS Surface Land Committee
· Set up an advisory group, working on terms of reference. DOE and EUB are involved. One goal is to create more standardized documents.
· Gorden Dainard reported

g) ADRI
· Says thank you for the support for their AGM in Calgary

AAMS
· Annual meeting, April 27th and 28 at Carriage House Hotel, Calgary
· Members or staff may wish to attend
· Full day professional development seminar.
· More information available shortly
· Nick Tywoniuk reported

h) EUB
· Land Challenge Initiative EUB members are facilitating collaborative pilot projects in two areas to address CBM impacts. Further reports on this public initiative will be coming out
· David Hill reported

i) Report of the Energy ADR Forum US Energy Sector
· The report will be on the C2C Website
· Karla to contact Rick Miles and invite to him to the AAMS conference.

4. Who else in USA
· US Association of Conflict Resolvers (ACR) - Energy sub-section David Gould will make contact and explore mutual interests.
· CPR international Institute for Dispute Prevention and Resolution
· Contact is Helena Taveras Erikson
· Noel Rae will send a quick report

5. Succession and the question. “What is the future of C2C” Discussion
· People are aware of the concept of “ADR” therefore “what is the evolving role of C2C?

Options
· Create a stand alone ADR procedure based in part on Jim Mclean’s work and perhaps led by PJVA and C2C
· Work with ADRI to advance an Energy Sector version of their protocol.
· Continue the work of our promotions subcommittee
· David Gould to follow up with Tim Robillard and Amy

Future Steps
1. David Savage will lead work on the stand alone procedure
2. Executive will bring back a proposal for succession
3. David Gould will check with Tim and Amy
4. Karla will lead team of David Hill and Noel regarding the protocol


 

C2C ADR Council Meeting
Thursday November 9, 2006 @ 7:30 am
CAPP Offices

Attendees

Amy Atkinson
Tim Robillard
Pat Forrest
Noel Rea
Lorna Patterson
Scott Nalder
Nick Tywoniuk
Gordon Dainard
David Hill
Dave Savage
Greg Alexander
Jim MacLean

1. Minutes of 21 June 2006, approved as amended.

2. Quatar Conference Report (Scott Nalder)

  • 1000 people at conference
  • Scott participation in civil society section: 200 people over 4 days, all familiar with ADR; many were practitioners
  • came away believing that ADR is next wave in dealing with all global issues
  • next conference in 3 years, better than 50% chance of being invited back
  • mostly workshop format; maybe presentations next time

3. ADR Energy! Conference, 17 November 2006 (Karla Reesor)

  • Several speakers from C2C will be at the conference
  • C2C ADR Fast Facts will be distributed
  • Will bring copies of Handbook to sell
  • Nick Tywoniuk will arrange for a table to display C2C materials

4. C2C Website (Lorna Patterson)

  • Lorna provided an update on the information that is now available on the website. Thanks to Nick Rowe for his continuing work on the site.
  • Council agreed to make 2 or 3 executive contacts directly available from site (links)
  • Member organizations can add C2C link to their sites (www.c2cadr.org)
  • The C2C site is accessible by searching on Google: “C2C” or “company to company”
  • Please forward any ADR articles you’d like included on the site to Nick Rowe or Lorna Patterson

5. Report from the Centre for the Advancement of Energy Markets (CAEM) (Karla Reesor)

  • Copies of the ADR Forum Report from CAEM (based in Washington) were distributed
  • Council asked for time to review the report and consider next steps. Ideas included inviting a representative to come speak in Calgary. The report will be discussed again at the January Council meeting
  • http://www.energyadrforum.com/
  • Report will be posted on the CAPLA website; Karla will provide a brief introduction to use with the report

6. Future events

  • ADRI conference 17 November 2006
  • SEPAC: 2 symposiums/year, fall (just held) and spring (April 2007)
    o booth exposure to about 500 (Dave S. to provide contact name)
  • Synergy Alberta, Red Deer (240 participants): booths, speeches, next one October 2007
  • CAPL annual conference held in September every year
    o New program committee struck; next one in Whistler
    o Speakers have expenses paid, no other remuneration
    o Scott to provide contact name
  • AAMS annual conference Calgary April 2007: ADR practitioner participants
  • Community Synergy (City of Calgary urban synergy group);
    o April is Mediation month; contact Dierdre Mack (?)
  • PJVA course (Pat): “Analyst 3” program, 4 nights of C2C/ADR course material

Other ideas

  • Suggest there be speakers on routine monthly programs at each of the C2C members organizations
  • Speak at professional association events
  • Set up a Speakers’ Bureau (list of people willing to speak)
  • Important to realize there is high turnaround at all organizations
    o could use old presentation
    o could be tougher to get back into companies

Decisions

  • New standing committee on Promotions to coordinate speaking opportunities (Amy and Tim to co-lead,Scott, Karla and Noel to assist)
  • C2C executive to follow-up on identifying speaking opportunities
  • By end of March/07, have at least 3 organizations approached for interest in C2C speakers

7. Future Direction (follow up from last meeting)

  • Previous focus: Handbook, conference
  • What could next focus be?
    o Chamber of Commerce DR (Noel)
    Background
    - Chamber had Dispute Resolution committee; informal group, no formal structure within Chamber
    - met from ’94 – monthly meetings included seminars about 5 over 5 years
    - Around 2001 Chamber executive made a policy decision that committee members had to be Chamber members
    - Heather Douglas, CEO proposes reverting back to “group” status; opens up to non-members
    o Promote use of protocol/declaration?
    - suggest commitment to willingness to consider use of ADR (i.e. CPR protocol 4000 (850 law firms in U.S.)
    - aligns with JP05, with regard to structure of ADR clause will be a good litmus test for where we are in the city on ADR
    o Council could consider drafting 2-page stand alone ADR argreement/procedure for parties to use (One of task force recommendations was to create a stand alone document)

Decision
New committee to look at developing a protocol (Noel Rae, Jim MacLean and Dave Hill)

Other ideas

  • Could develop an ADR game similar to the “Agriculture game” already in use; drawing an issue card is real for people; could result in good “lightbulb” moments
  • UofC has a development game related to petroleum sector
  • C2C could create a learning centre on the website
  • Construction industry has “partnering” concept that prevents disputes or conflicts
  • Set up environment emissions trading centre. Provide feedback to Nick Tywoniuk.

    Meeting adjourned at 9:15 a.m.

 

C2C ADR COUNCIL Meeting
7:30am to 9:23am
June 21, 2006
Capp Offices

Minutes

In Attendance:
Karla Reesor – Chair
Greg Alexander
John Curran
Kimi Rutz
Mike Taylor
Lorna Patterson
Nick Tywoniuk
Pat Forrest
Bill Remmer


1. Call to Order

Karla Reesor, Chair of the C2C ADR Council, assumed the chair and called the meeting to order. She declared that the members present constituted a quorum for the conduct of business. John Curran accepted the challenge of recording the minutes of the meeting.

2. Approval of Minutes of The Council’s April 12, 2006 Meeting

The April 12, 2006 meeting minutes of the Council were tabled, briefly discussed and then approved by a consensus.

3. Contractual Provisions – CAPL Operating Procedure & JP 05 Gas Processing Fee Guidelines

CAPL Operating Procedure - Industry responses to the most recent draft are being received. When a critical mass is accumulated the project should move ahead. In the meantime, C2C wlll continue with its support and promotion of the DR provisions that are included under Article 21of the draft.

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The unveiling of the newly minted JP-05 Gas Processing Fee Guideline occurred earlier this year at a gala sponsored by the PJVA at the Westin Hotel in Calgary.

An AEUB workshop for staff and management has been conducted by the JP-05 task force to inform the AEUB of the principles and application of the Guidelines. A landmark decision of the AEUB (Decision 2006 -021) rendered March 7, 2006 is the first case in which the AEUB has applied the new Guidelines.

The Guidelines may be down loaded without charge (at least for now) on the PJVA website – PJVA.ca. Further promotions/publications on the part of the natural gas industry associations (who are also members of the C2C Council) are expected in the near future. Steps will be taken to update the C2C website - with this information

AEUB Guide 65 is expected to be updated later this year to incorporate the “expected use” of the JP-05 Guidelines.

4. Proposed Work Plan for C2C for 2006-07

The Chair tabled the Work Plan previously circulated with the notice of the meeting and led discussion on its contents.

The proposed Work Plan was greeted by waves of applause and appreciation for a well thought out and clearly written Vision and executable strategies for the near future (the next 12 months or so). By consensus the Work Plan was approved and adopted and the Executive of the Council was directed to proceed with its implementation.


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Highlights of the Work Plan:
· Focus on TOOLS and PROMOTION – Review and refresh and make more user friendly the existing tools in
· the Let’s Talk Handbook, create new tools and promote the use of the tools and the Let’s Talk Handbook.
· The oil and gas industry remains the primary target of the Council.
· Discussions with the Calgary Chamber of Commerce should continue towards the development of a collaborative work plan that is consistent with the draft proposal dated June 9, 2006 and tabled at this meeting and that is mutually beneficial to both organizations. Council members will be kept informed of developments and are encouraged to suggest ways and means that their organization might contribute to or become involved in the collaboration or development of the work plan.
· Encourage presentations at conferences, work shops, special events, breakfast and luncheon meetings sponsored by Council members and their members and others instead of hosting a conference of our own.
· Update and expand (links to member websites, agendas, meeting minutes, member conferences and work shops, articles, tools, directory and organization of the C2C Council, etc.) the C2C ADR Council’s website: C2CADR.Org – Lorna Patterson will provide leadership and direction.
· Find ways and means to make all this happen with fewer committees and less emphasis on education (leave that to others who are in that business) and industry- regulatory alignment (already mostly achieved). This may be dealt with at Council’s September, 2006 meeting.

5. Other Business

· ADR Institute’s Calgary 2006 (Autumn) Conference – Nick Tywoniuk informed the meeting that this Autumn, one of our member organizations, ADR Institute of Canada, Inc., is

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coming to town where it will hold its Annual General Meeting (AGM) in conjuction with a one day conference. Details are yet to be announced and two dates are being considered: October 27th and November 17th. The ADRI is establishing an organizing committee and would welcome the C2C’s participation on the planning committee and/or as one of the $1K, $2K or $3K sponsors of the conference and possibly a participant/presenter. The ADRI publishes a magazine of its annual proceedings. No decision was taken on the invitation to sponsor or participate as a presenter at the conference. It was noted that the Council should support its members whenever appropriate and possible, particularly where, as in this case, Council has been invited to be a sponsor at some level and the conference is in our backyard and likely to be of great interest to the oil an gas industry. The consensus of the meeting was that the Council’s executive sould consider the invitation and decide on the most suitable response regarding sponsorhip, participation on the planning/organization committee and participation/presentation at the conference. Details of sponsorship duties, privileges and rights will be provided by the ADR Institute to Council. In the meantime, the Council’s point person is Karla Reesor who will entertain communications from the ADR Institute.
· Time and Frequency of Council Meetings –After discussion, by consensus it was agreed that meetings should commence in the morning at 7:30 am, occur four times a year and the 2006 – 2007 meeting schedule should be set and announced by the Council’s executive.

6. Termination – There being no further business, the meeting was
terminated at 9:23 am.


C2C ADR Council Meeting
April 12, 2006
7:40am to 9:30am
CAPP Offices

Minutes

Attendees:
Scott Nalder, Chair
Dave Savage
Tim Robillard
Greg Alexander
Kimi Rutz
Dave Hill
Karla Reesor

1. Contractual Provisions

No updates were provided on JP-05, the CAPL Operating Procedure and the PASC Accounting Procedure.

A range of views were expressed on the value of a stand-alone dispute resolution procedure. Some felt that it would be helpful to create a procedure that could be used in a range of contracts. Others were not sure that it would actually be used. It was generally agreed that more consultation with users would be helpful to ensure that the procedure would be used and useful. The matter was referred to the Executive for further consideration.

2. C2C Strategy

A round table discussion was held on some of the key actions the Council could take over the next year. The purpose of the discussion was to exchange views and increase understanding. The input will be used by the Executive in deciding on a workplan for the year.

With respect to education, what are your thoughts on how the Council may be able to support, develop and/or deliver interest-based negotiation training for your association?
· Uncertain about whether C2C should develop its own education or simply support members’ education programs
· Ideas raised: consider on-line training (similar to CAPPA) which could raise awareness and help others understand the Let’s Talk processes; develop a parody for use at conferences focused on “Let’s Battle”; develop a new tool called “Let’s Type” to give guidelines for managing potential conflict in e-mails

What are your views on whether C2C should host a conference in the fall of 2006?
· General agreement that the C2C conference held in April 2004 was very successful
· Goal of leading or participating in a conference should be on raising awareness rather than skill development
· May be more effective and efficient to focus on leading sessions in conferences hosted by other organizations; less time intensive than developing a C2C conference and would reach new audiences

What are your thoughts on how C2C should align with a Chamber of Commerce ADR committee?
· Limiting C2C focus to oil and gas restricts influence; working with the Chamber would be an opportunity to reach broader group
· No shortage of good ideas within C2C; if C2C works with the Chamber, will we be spreading ourselves too thin?
· Younger generation (20 to 35 year olds) will soon be taking over the energy industry; how can we attract them to C2C? (Chamber has the same interest in attracting younger members.)
· Need clarity on goal for C2C before deciding on collaboration with Chamber; if the goal is to change the culture in the energy industry, will working with the Chamber support that?
· General agreement that at a minimum C2C would be happy to have the Chamber use the Let’s Talk Handbook and to have some people working on both committees

3. Council Participation and Signatories

Representatives of the Canadian Bar Association are working actively to subscribe to a share in C2C.


The meeting adjourned at 9:30am.

 
 

ALBERTA ARBITRATION & MEDIATION SOCIETY :
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