You will be asked on the application or response form if you are willing to try mediation. The goal of mediation is to help the parties reach an agreement (settlement) that resolves the issues in the application. The HRTO mediates disputes using an active listening approach. This means that both sides will have an opportunity to tell a HRTO mediator what happened and what they would like to see done about it. The mediator does not decide the application. He or she will consider what you say and look at the documents provided to help find a resolution that is satisfactory to both sides. You will need to sign a confidentiality agreement before the mediation. If you settle the case in mediation, you and the other party will have to complete a settlement form. The HRTO will issue a letter to acknowledge the settlement and close the file. If you can’t reach a settlement, the file will proceed and may be placed in queue to be scheduled for a hearing. Mediation at the HRTO is a voluntary process. You are encouraged to mediate but if one or both of the parties is not interested in trying mediation, the application will go directly to a hearing.
If you would like to be represented by a lawyer for a mediation at the Human Rights Tribunal, our firm can provide you with limited representation on a flat fee basis. Contact us for a consultation to find out more about mediation services.
More information on mediation is available in A Guide to Mediation at Human Rights Tribunal of Ontario.