One of the most valuable services that a human rights institution can offer is the opportunity for early, effective, informal dispute resolution. Mediation is often the fastest way to a satisfying resolution. Mediation is a voluntary process in which both parties in a complaint work with an impartial Commission mediator to arrive at a solution.
In 2022, the Commission revamped our mediation model to increase our capacity so that we can resolve cases sooner or refer them to the Tribunal more swiftly. Here are the highlights:
- We are ensuring that both complainants and respondents are more prepared at mediation sessions, having completed the necessary Complaint, Response and Reply forms, now available online.
- We have levelled the playing field by allowing both parties to understand each other's perspectives in advance of mediation, thereby improving the discussion.
- We have equipped our Commission mediators to better evaluate the facts and merits of the case.
- We have moved to half-day instead of full-day sessions, to increase the total number of mediations that the Commission can offer.
- We have introduced a new, centralized mediation scheduling model that ensures timely mediation bookings while reducing the administrative burden on Commission staff.
The Commission is also expanding the use of conciliation. Under section 47 of the Canadian Human Rights Act, the Commission can refer complaints to conciliation at various stages of the process. Conciliation is like mediation, but is mandatory, not voluntary.
Mediation and conciliation can be very effective at resolving both individual and systemic or complex complaints early in the process. The Commission offers this service free of charge to the parties and it has often resulted in significant outcomes for people who are involved.