Alternative Dispute Resolution

The Commission uses professional and experienced mediators and conciliators. They help parties discuss the issues and ensure that solutions are appropriate from a human rights standpoint and consistent with the public interest. They create an atmosphere where all parties are on an equal footing, allowing them to honestly and openly explore options for a mutually acceptable resolution.

Once a complaint is filed with the Commission, the mediation process is as follows:

• The complaint is screened. If it is deemed appropriate for the Commission to consider the case, it is forwarded to the Alternative Dispute Resolution Services (ADRS) Branch.
• The ADRS Branch offers mediation to the complainant and the respondent.
• If parties accept, a mediator is appointed. (If parties refuse, the case will be sent to the Investigations Unit)
• The mediator speaks to the parties to work out how the process will unfold and to discuss the ground rules (such as the importance of keeping the proceedings confidential).
• The parties may meet together or separately with the mediator during the discussions. In cases where a meeting is impractical, the mediation may be carried out by telephone.
• The parties present their views, outlining their fundamental needs and interests.
• If a settlement seems possible, an agreement is negotiated.
• If an agreement is reached, it is referred to the Commission for final approval. Normally, the Commission will approve a settlement quickly, unless the agreement is contrary to the public interest.
• Most cases that are referred to mediation take less than four months to close.
• If there is no agreement, the case will be referred to investigation. To speed up the process, the parties may agree to submit a joint statement of facts to the Investigations Unit. Once the investigation is completed, the matter may be referred by the Commission to the Canadian Human Rights Tribunal, where it will be heard in a court-like process.

Parties refusing ADR or unable to settle at the outset may change their minds at any point in the process and ask to meet with a mediator, as the Commission offers ADR at all stages of the complaint process. Finally, the Commission may choose to send a case to conciliation - another form of ADR - before it reaches the tribunal stage. 

The conciliation process is similar to mediation, with three notable differences:

• The conciliator must be appointed by the Members of the Commission;
• Once a conciliator has been appointed by the Commission, the conciliation process is mandatory; and
• As conciliation usually takes place after an investigation has been carried out, the conciliator can be more “evaluative” in his or her approach than a mediator. This means that the conciliator can use the investigation findings to help the parties realistically assess their chances of success should the matter eventually proceed to a Tribunal hearing.