Mediation

Are You Willing to Try Mediation?

  • In submitting a formal complaint, you will be asked if you are willing to attempt a mediated resolution to your complaint. 

  • Mediation is available to complainants and respondents who want to settle the complaint at the start of the process, before the fact finding begins, or at any time during the fact finding process.

  • In the mediation process, a conciliatory approach is used to help the parties better understand each other's perspective more fully.

  • This approach often enables parties to deal more effectively in responding to the concerns of the other party, and provides them with direct input and more control in terms of how the matter is resolved. However, mediation is only possible when both parties agree. Furthermore, mediation is not always suited to every complaint issue - such as instances involving parties with significant power imbalances or in sexual violence cases.  Our intake officer will discuss these options with you to assist you in finding the best way forward.

How It Works

  • You can choose to informally settle your complaint by indicating that you are willing to try mediation on your formal complaint form.

  • Where a formal complaint is filed, the respondent (the person against whom the complaint has been filed) will be asked if they are also willing to try mediation.

  • Next, both parties will try mediation to resolve the matter. Mediation at the early stages can be very successful for all parties.

  • A Mediator-Facilitator will be assigned to the matter and s/he will encourage the parties to resolve the matter as soon as possible

  • This may proceed by way of a face-to-face mediation, shuttle negoti­ation by phone or through correspondence, or a combination of both.

  • If the parties cannot reach a settlement the complaint will move to the fact finding process unless a settlement appears likely.

  • Parties in the fact finding route can move to mediation at any time before the investigation is complete and they may be asked to mediate at the conclu­sion of the investigation.

  • All discussions with the mediator are "without prejudice" and information provided during settlement discussions is kept separate and confidential from the fact finding team.