Navigate Up
Sign In
Mediation

Mediation

Mediation

  • IMPRIMER LE DOCUMENT.
  • Les deux prochains liens contiennent des informations qui ne respectent pas les standards sur l'accessibilité du Web du gouvernement du Québec.
  • Partager sur Facebook.
  • Partager sur Twitter.

Mediation is a process that allows for the amicable resolution of a dispute. An impartial mediator helps the parties reach a fair and lasting agreement.

Mediation is the first service offered

Mediation is the first service offered to resolve the issue when the Commission finds that it can accept the complaint for a possible investigation pursuant to the Charter of Human Rights and Freedoms.

If either party refuses mediation, the Commission conducts an investigation. However, the parties can request mediation at any time.

Benefits

There are many benefits to the mediation process compared with an investigation or going to court. This professional service is:

  • voluntary – together, the parties decide on the best solution
  • timely – saves all parties energy, time, and resources
  • respectful – fosters direct and open dialogue in an informal setting
  • impartial – promotes compliance with the Charter and the public interest
  • confidential – the parties can express themselves freely
  • non-confrontational – there are no winners or losers
  • proven – more than two-thirds of mediation cases result in an agreement
  • lasting – parties can find peace of mind, restore or improve their relationships, be informed about human rights, and make long-term changes

Approach

Confidentiality

Mediation sessions are confidential and everything said or written cannot be revealed, even before a court, without consent from both parties.

Support

The parties may be accompanied by a person of their choice, including a lawyer. The role of this person is limited to offering advice.

Agreement

Every agreement is stated in writing and signed by the parties.

Process

  1. Filing of the complaint
  2. If the complaint is admissible and the Commission can investigate, it offers mediation
  3. The mediator may meet with the parties individually (pre-mediation)
  4. The parties meet the mediator (mediation) in order work out a draft agreement
  5. The parties sign a binding agreement (compensation, damages, apologies)
  6. If no agreement is reached, the Commission may investigate and bring the case before a court

Mediator

Role

  • Inform the parties of their rights and obligations under the Charter of Human Rights and Freedoms
  • Assist the parties in identifying their needs, interests, values, feelings and emotions
  • Encourage creative, appropriate, and respectful solutions

Allows the parties

  • to communicate in a respectful and open environment
  • to understand each other’s perception of the facts and circumstances of the complaint
  • to reach an agreement to the satisfaction of each party, and that will comply with the Charter and the public interest

Undertakes

  • Not to favour either party
  • To refuse any draft agreement that is contrary to the law, that is entered into without the free and informed consent of the parties, or that creates an imbalance

Examples of mediation

Sexual discrimination

An employee refused to let a mother nurse her baby at the municipal pool. During the mediation process, it was agreed that the mother would receive a letter of apology and an amount of money as moral damages. In addition, the City undertook to remind its employees that breastfeeding is allowed in its facilities.

Discrimination based on disability

Ms. B. was fired because her disability prevented her from performing her tasks. In mediation, the parties agreed to assign her duties to other employees. As for Ms.B., she was assigned other duties that were more compatible with her disability.

  • IMPRIMER LE DOCUMENT.
  • Les deux prochains liens contiennent des informations qui ne respectent pas les standards sur l'accessibilité du Web du gouvernement du Québec.
  • Partager sur Facebook.
  • Partager sur Twitter.