Mediation

What is mediation?

Mediation is a collaborative process in which parties agree to request the assistance of a neutral person, the mediator, in voluntarily reaching a mutually acceptable settlement of issues in dispute.
Mediation is voluntary. It can only happen if all parties involved in the dispute agree to it.
Mediation can take place in person, by videoconference or by telephone.
There is no added monetary cost to you.
The mediator is selected by the Tribunal in consultation with parties. The mediator helps parties negotiate with each other. If there is no agreement reached, the case will move to a hearing that will be decided by a member of the Tribunal.
The goal of mediation is to settle the issues in dispute as efficiently as possible. This can save parties the time, effort and expense of going through a hearing. Even if mediation does not resolve all issues in dispute, it can reduce the number of issues that have to be dealt with at a hearing.

Parties can decide to work with a mediator at any point in the process, right up until the hearing is over.
If mediation does not fully resolve the issues in dispute, the remaining ones will be dealt with at a hearing.

Mediation can resolve a complaint at little cost.
Mediation is informal, and there are no strict rules.
Parties may be able to reduce the number of issues in dispute in the case. That typically means that the hearing could be more focused and efficient.
Parties have more influence over the outcome.
All communications exchanged during mediation remains strictly confidential.
Mediation can settle the issues in dispute once and for all; by contrast, a party unsatisfied with a Tribunal decision can then apply for judicial review before the Federal Court of Appeal, which ultimately prolongs the judicial process.
Parties may elect to keep the details of their settlement confidential.

The person who filed the complaint (the Complainant).
The Complainant’s former or current employer (the Respondent).
The individual(s) who are alleged to have taken the alleged reprisal, if any.
A representative of the Public Sector Integrity Commissioner, if they wish to participate; if the Commission takes part in the mediation session, it does not represent the Complainant or the Respondent – it represents the public interest. The Commission must approve any settlement reached without a hearing.
A party’s legal representative, if any.
If a party so chooses, a support person, such as a family member or friend.
The mediator assigned by the Tribunal.
Everyone who attends must agree to keep what is communicated during the process confidential.

Yes. Mediation is a confidential process. Confidentiality helps the parties to be frank and open with each other as they try to reach a settlement.
What happens in mediation stays in mediation. Parties taking part in the mediation process will be required to sign a Mediation Agreement, whereby they must agree to keep everything they hear or see in the mediation confidential. Any documents that may be shared will not be used for any other purpose. Parties are forbidden to share other parties’ information with anyone.
Settlements and their terms can be private or public.
If the issues in dispute are settled at mediation, the terms of the settlement are confidential, unless:
- the parties agree to make part of the settlement public, or
- the settlement is disputed in another legal proceeding.
If mediation does not work, and the dispute goes to a hearing, the process becomes public based on the open-court principle. The public will therefore be able to access the documents submitted, which become part of the official record. The hearing itself will also be open to the public.

A mediation session is not a hearing. You do not call witnesses or submit evidence.
The goal of mediation is to resolve the issues in dispute as efficiently as possible. This typically means that to come to a settlement acceptable to all parties, each must be willing to compromise. Parties should assess their options, including what they may be willing to accept or give up.
Parties present must have the authority to agree to a final settlement of all or part of the issues in dispute.
Come to the mediation with an open mind about settlement.

The Tribunal’s registry officer will schedule the mediation for a time when all parties and the mediator are available.
Mediation can happen in person, in a virtual setting or by telephone.
The mediator may start the session with all parties together, typically to explain the process to everyone at once.
If a party is not comfortable in the presence of the other parties, they should inform the Tribunal in advance. The mediator can separate parties in private rooms. The mediator will go back and forth between parties. Being in separate rooms can help parties speak frankly with the mediator.
Parties can ask to speak with the mediator privately at any time. Parties can also ask to take a break at any time or ask to end the mediation at any time.

The mediator is typically selected by the Tribunal, in consultation with parties. The mediator makes sure that mediation takes place in an atmosphere of respect, honesty and trust.
The mediator does not decide who is right or wrong. They are independent and neutral. This means they are not on anyone’s side.
The mediator may share their thoughts about the strengths and weaknesses of each party’s case. If parties cannot settle the issues in dispute, the mediator can help them understand what is likely to happen during the hearing process.