Preparing for a Mediation

This guide is general information only. It is not legal advice about your situation. This guide is not a substitute for a lawyer’s research, analysis and judgment. This guide is reliable as of the date of publication (June 2025). You should be aware that the law and procedures under the Human Rights Code (Code) and at the Human Rights Tribunal of Ontario (HRTO) are subject to change without notice.

Introduction

The Human Rights Tribunal of Ontario (the Tribunal) asks every person who files a human rights application (the Applicant) and every person or organization responding to a human rights application (the Respondent) to participate in mediation in order to resolve the issues raised in the application without going to a hearing.

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What is mediation?

Mediation is an opportunity for you and the Respondent(s) to meet with a Tribunal member who is an expert in human rights law and will act as a mediator. The goal is to discuss your case and try to agree to a settlement — a voluntary agreement between both parties to resolve the matter on specific terms.

If you reach an agreement, you will avoid going to a hearing where a Tribunal member would have heard witnesses and decided whether or not discrimination occurred in your case, and how to resolve the matter.

If you agree to settle, all parties will sign a document setting out the terms of the agreement, and a Tribunal form confirming that a settlement occurred at mediation. The Tribunal will issue an order saying the matter has been resolved and will close the file. The HRTO will now require parties who settle during the mediation but do not file a Form 25 before the mediation concludes to file a Form 25 within 14 days of the mediation. If neither party files a Form 25 by the deadline, the Tribunal may administratively close the file without further notice to the parties.

Mediations are done by way of videoconference, usually using Zoom.

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Why is it worth trying mediation?

What are the advantages of resolving my application at mediation?

Mediation can be a faster way of getting results for an application and gives you more options and power over a resolution over at the Tribunal. You may find that a mediation is a better experience than a hearing because:

• Mediation takes less time than a hearing: Mediations require less preparation on your part than a hearing. Most mediations are scheduled for half a day, or one (1) day if they are more complicated. A hearing will often require two (2) or more days.

• Mediation leads to a faster result than a hearing: Mediations are scheduled before hearings and results are usually finalized on the day of the mediation. If you reach an agreement at the mediation, you will not have to go to a hearing and wait for the Tribunal to make a decision.

• Mediation allows you to negotiate the resolution: Unlike at a hearing, you can negotiate with the respondents at mediation. So, if there is one result that you want more than another (for example, you want your old employer to conduct a human rights training in the office more than you want a letter of recommendation for future employment) you may be able to bargain for that at the mediation. At a hearing, the result is determined by the Tribunal adjudicator who hears your case and makes a decision. and you do not have control over the outcome, other than presenting your case.

• Mediation allows you to accept or reject a proposed agreement: Unlike the outcome at a hearing, you have the opportunity to choose to accept or reject the proposed results at mediation. As well, you will be given time to think about whether you want to sign an agreement at mediation. At a hearing, you cannot negotiate the final decision made by an adjudicator. It’ is also possible they may also rule against you and decide discrimination did not occur, meaning no remedy will be issued.

You will still have to opportunity to proceed to a hearing. If no settlement is reached through mediation, the Tribunal will schedule a hearing. Anything raised during the mediation is strictly confidential and cannot be brought up again at a hearing, or outside the mediation, unless permission is given. You will typically be assigned a new Tribunal member to adjudicate your hearing, from the one who acted as a mediator.

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Do I have to pay for mediation?

No. As with all of the Tribunal’s services, the mediation is free.

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Do I have to go to mediation?

Yes. For all applications filed after June 1, 2025, mediation is mandatory. This means that a mediation will be scheduled in your file if the Respondent files a Response to your Application. For more information on mandatory mediation, see the Tribunal’s Operational Update from May 30th, 2025.

For applications filed before June 1, 2025, mediation is voluntary and will only be scheduled if you and the Respondent both agree to it. If the Tribunal schedules a mediation and you do not attend, your application could be dismissed.

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Can I request not to attend mediation?

It is extremely rare for the Tribunal to grant an exemption for mandatory mediation — they typically do so only in “exceptional circumstances”. To request an exemption, you must file a Form 10 no later than seven (7) days before the scheduled mediation and explain in as much detail as possible why you believe you should be exempted from mediation.

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How are mediations scheduled?

Mediations are done by way of videoconference, usually using Zoom. The Tribunal will send you a Notice of Mediation with a mediation date, time, and instructions on how to log into the Zoom meeting.

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What if I can’t make the date of my scheduled mediation?

If you are unable to attend the mediation date, you must act quickly. Your Notice of Mediation provides information on how to reschedule a mediation hearing if you are unavailable on the date set by the Tribunal.

You must use Form 10 to make your request and file it with the Tribunal within 14 days of receiving the Notice of Mediation. You should contact the other parties to see if you can agree on alternative dates that are within six (6) weeks of the originally scheduled date. If you and the other parties cannot agree on alternative dates, the Tribunal will set the date for mediation without your agreement or that of the other parties.

The Tribunal requires a valid reason to reschedule a mediation. In general, mediations will not be rescheduled merely because the date is inconvenient for the parties or their representatives. Some valid reasons include:

• being out of the province or country;
• a previously arranged appointment that cannot be changed; or
• a previously scheduled court or tribunal appearance.

See our Guide on Scheduling, Rescheduling or Adjourning Your Mediation or Hearing for more information.

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What happens if a mediation is scheduled and the respondent does not show up to it?

If the respondent does not attend the mediation, the Tribunal may decide to not allow them to have any further opportunity to participate in the proceeding. This means that your matter would proceed to a hearing based on your evidence alone, and the respondent would not be allowed to provide any evidence or make any arguments at the hearing.

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How long are mediations?

Mediations are normally scheduled for a half day, either for the morning or the afternoon. If a matter is particularly complex, or involves a large number of parties, a full day may be provided. Let the Tribunal know as soon as possible if you believe you need a full day for your case. This should be done either before the mediation is scheduled, or immediately upon receiving your Notice of Mediation. The mediation is expected to be completed within the amount of time that is allocated, which means coming to a resolution the same day. This is not a lot of time, so you need to prepare ahead of time as much as you can. Sometimes, the mediator may be able to stay a little bit longer than scheduled, to provide further assistance, if things are progressing well, but do not expect this. In exceptional cases, the mediator may be available following the mediation day, but this is very unusual and should not be expected.

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Do I need a lawyer or paralegal at mediation?

No. Mediation at the Tribunal has been designed for people who do not have a lawyer. Many applicants participating in mediation at the Tribunal are “self-represented,” meaning they do not have a lawyer or paralegal representing them.

If you choose, you may be represented by a lawyer from the HRLSC, or a lawyer or paralegal licensed by the Law Society of Ontario (LSO). You may also choose to be represented by someone without a legal license, as long as they are on the Law Society of Ontario’s exemption list.

The current LSO exemptions allow an unpaid friend or family member, an employee or volunteer from a trade union, and students, volunteers and employees of Legal Aid Ontario clinics, among others, to act as a representative. For more information, see the Tribunal’s Policy on Representation before the HRTO.

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If I am represented by a lawyer or paralegal, does that mean I can’t say anything?

No. You and your lawyer should work out ways to let each other know who will speak about the different issues that come up in mediation. For example, if the Tribunal mediator asks how the discrimination made you feel, it is most appropriate for you to explain that directly yourself. On the other hand, a legal question, like how a landlord’s rental application policies discriminate under the Code, would be for your lawyer to answer.

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Who is the mediator and what is their role?

A Member of the Human Rights Tribunal of Ontario will lead the mediation. All the Tribunal mediators are also Tribunal adjudicators – they lead or chair both mediations and hearings. Tribunal members are human rights experts. You should call the mediator “Vice-Chair [last name]”, if they are a Vice-Chair of the Tribunal, or “Member [last name]”, if they are a Member.

The mediator will consider what you and the Respondent(s) have said and will look at any documents provided. The mediator will present the proposals and counterproposals made by each side to the other and may even offer their own suggestions for a remedy.

The mediator can also clarify human rights law. For instance, if you have been refused a promotion because you are pregnant, your employer may argue that having a baby is your choice and that not promoting you has nothing to do with human rights. Your employer may tell the mediator that you weren’t promoted because you will not be able to work evenings regularly once you are a parent. The mediator can point out that the ground of “family status” in the Code prevents employers from treating employees negatively because of family responsibilities. While the mediator will not usually give an opinion on how they think an adjudicator might rule in a hearing, they can give you an idea of your cases strengths and weaknesses.

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What can I expect on the day of mediation?

The aim of the mediation is for the parties to voluntarily agree to a settlement and avoid going to a hearing where an adjudicator would make a decision on how matter should be resolved. Any settlement must be accepted by both you and the Respondent(s).

The parties will usually all start out in the same Zoom meeting room with the mediator, unless you have made a request not to be. If you have not made the request in advance, and you do not want to be in the same room with the respondent, you can ask to be placed in a Zoom “breakout room” before the mediation starts.

The mediator will begin by explaining the process to all of the parties, including such matters as:

• All parties are expected to be respectful toward one another
• The goal is to have a signed agreement by the end of the day

After this, the mediator will usually explain their mediation plan and make sure that it is agreeable with you and the Respondent(s). They might suggest beginning with a joint session, in which both sides sit together for a discussion of the case. Alternatively, they might suggest starting with separate discussions. You can ask for clarification of the plan, or to change it, at any time.

The mediator may review the application with you and the Respondent(s), either together, or after splitting you into two separate rooms. They will likely have questions about what you have written on your application form, either for clarification or to get more information. The purpose of this is to make sure that they understand the parties’ positions.

You will have a chance to tell the mediator, in private, what happened to you and what you want to see done about it. The questions asked by the mediator will help them figure out what a fair resolution of the matter would be. You will have the chance to propose settlement options and to respond to options presented by the Respondent(s).

You can ask for a break if you need it at any time, and for time to think about whether you feel comfortable with the settlement that has been offered by the other side. Remember that you only have a half day for the mediation, and it will pass surprisingly quickly.

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What if we cannot come to a settlement agreement during mediation?

If you cannot come to an agreement with the Respondent(s) by the end of the scheduled mediation, a hearing will be scheduled before the Tribunal, where a Tribunal member will make a decision about the appropriate resolution. You will likely have a different Tribunal member for your hearing, unless you agree to a mediation-adjudication, where your same mediator will act as the hearing adjudicator.

Your mediator will advise the Tribunal Registrar to schedule a hearing date. If you are not available for the scheduled date, you must follow the Tribunal’s Practice Direction on Rescheduling and Adjournment Requests. 

The mediator may ask some questions such as how many witnesses are expected to be called by each side, and there will likely be some discussion about how long the hearing will take. You should think about the answers to these questions in advance of the mediation day.

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How often are applications are settled through mediation?

Many applications to the Tribunal settle at the mediation stage of the proceedings. The Tribunal is aiming to settle about 70% of applications at mediation.

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Is there only one chance at mediation?

The Tribunal will usually only schedule one half day for your mediation. If that mediation is not successful, your case will be scheduled for a hearing.

Occasionally a second mediation may take place. For example, if it is a complex case and all the parties advise the Tribunal that they are interested in a second mediation, a joint request might be granted.

Also, the first day of hearing is sometimes used for mediation. This may happen if the Tribunal member assigned to hear the case feels that a settlement might be possible. It may also happen if the parties advise at the beginning of the hearing that they believe a settlement discussion would be useful.

When settlement discussions occur at the beginning of a hearing, the Tribunal member scheduled to hear the case may also conduct the mediation. This only happens if all the parties agree to this. A written agreement called a “mediation-adjudication agreement” must be signed by everyone.

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How should I prepare for my mediation?

The purpose of the mediation is to resolve the case without having a hearing — where possible, and where both parties are reasonable.

Think about what you would like to achieve at mediation. In order to have a successful mediation, you will need to go in with a good understanding of what types of outcomes you would be willing to accept. Remember that in order to reach an agreement, both sides will have to compromise. It is unlikely that you will be able to settle while getting everything that you would ideally like.

You should think about what your “best case” and “worst case” scenarios would be. The best case is what you might be able to achieve by going to a hearing and having the Tribunal make a decision in your favour. The worst case would be getting nothing after going through a hearing and losing (having the Tribunal decide against you). You need to consider the minimum offer that you would be willing to settle for, in order to avoid the risk of losing at a hearing, and to have the peace of mind knowing the matter is resolved.

You should also think about any other alternative outcomes that you would like, but did not list on your application. These could include remedies that that you might not even get at a hearing. For example, maybe you would be willing to take less money than you originally asked for in your application and in return, ask to receive a positive letter of recommendation from your employer. The employer might be willing to provide this, in order to settle the matter, but it’s not something the Tribunal might typically award it at a hearing.

The mediator can provide some guidance and advice throughout the mediation process on whether the offers being made are appropriate or reasonable. However, it is your decision to accept or reject an offer. You can always choose to continue on to a hearing if the offers being made are not reasonable to you.

Can I bring someone with me for support?

Whether or not you have a lawyer or paralegal, you can bring a family member, friend or anyone else for personal support. You should prepare that individual for the mediation. Tell that person exactly what you want them to do during the day. For example, you could say that you want them to signal to the Tribunal member or your representative that you are really upset and need a break. On the day of the mediation, the mediator will want some explanation of whom the person is and why they are there. Your support person is allowed to explain to the mediator who they are. Remember that if you have someone attend the mediation with you, they must also agree to keep the details of the mediation confidential.

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What if I do not want to be in the same room with the Respondent in the Application?

Mediations at the Tribunal usually start out with all parties logging into the same Zoom meeting room, but it is not a requirement. If being face-to-face with the Respondent makes you uncomfortable, you should advise the Tribunal in advance of your mediation date. You will need to explain why you do not want to be in the same room with the Respondent. For example, this request will generally be accommodated and is often requested in sexual harassment cases. You can be placed in a Zoom “breakout room” from the start of the mediation. The mediator will go back and forth to each room. The mediator will communicate to each of you what the other’s position is, while trying to get you to reach an agreement.

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Is mediation confidential? Can my settlement be made public?

All matters disclosed during the mediation process (e.g. documents and statements), are confidential in order to encourage the parties to have full and frank discussions with the goal of reaching an agreement. Statements that you make at your mediation cannot be raised or used as evidence against you at a future Tribunal hearing or in another civil proceeding (e.g. a lawsuit in Small Claims Court). The mediator will not communicate any information about the mediation to a hearing adjudicator without the parties’ consent and will not provide the adjudicator with any documents that are shared during the mediation.

All the parties and their representatives (if any) who participate in mediation must sign a confidentiality agreement before the mediation begins. The Tribunal will provide you with a copy of the Confidentiality Agreement when you get your Notice of Mediation, which you should bring with you to your mediation. Be sure to review the agreement and be prepared to sign it before the mediation starts.

After the mediation is over (whether it is successful or not), the mediator’s notes or record of the mediation will only be shared with your mediator. The exception to this is when both parties agree to mediation-adjudication, where the Tribunal member who was the mediator, goes on to act as the adjudicator in a hearing. Typically, if your mediation is unsuccessful, you will have a different Tribunal member as an adjudicator in your hearing.

If your mediation is successful, the parties usually agree that the details of the settlement agreement will be confidential. These means that neither you or the Respondent can share (or disclose) the terms and conditions of the agreement with anyone else. You and the Respondent will sign an agreement that may contain a confidentiality clause. However, in some cases, both parties may agree to making the details of the settlement agreement public. This is more likely to be possible if the factual background (the information shared and discussed in your case) is not personally embarrassing or humiliating to either party.

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What if I want to tell something to the mediator that I don’t want the Respondent to know about?

Generally, the mediator will presume that anything you say can be revealed to the other side unless you tell them otherwise. But if there is something that you want to be kept confidential, you should speak to the mediator when you are alone in the room with them and explain that you want to tell them something that you don’t want the Respondent to know. The mediator will respect your privacy. For example, you might want to tell the mediator if it is very important for you to get any settlement money quickly. But you could also ask the mediator not to share that information with the Respondent, since you don’t want your need for quick payment to influence the amount of money offered.

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Will it look bad if I decide that the mediation is not working and I want to move forward with a hearing?

No. You have a right to a hearing at the Tribunal. If you are not satisfied with the settlement that is being offered to you by the Respondent, and the Respondent is not willing to compromise or change their mind, then a hearing can be scheduled. The offers made and rejected at mediation will not be revealed and cannot be used against you. The hearing will be decided based on the evidence presented and the applicable legal principles.

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What does a settlement agreement look like?

While all of the precise terms of a settlement will vary from one case to another, there are some terms that are very common in agreements. For example:

• If you receive money for pain and suffering, the settlement will say that you are responsible for paying any taxes or other required amounts (such as deductions) if the Canada Revenue Agency (CRA) requires them. The Respondent will not pay these costs for you.
• For money paid as lost “income”, the settlement will state that the amount you receive will be reduced by “all applicable statutory deductions.” This refers to the income tax, Canada Pension Plan and Employment Insurance deductions normally found on your income statement;
• For other remedies, such as public interest remedies, the settlement will often state that the Respondent agrees to undertake to provide human rights training to all its employees;
• It will often state that the applicant is required to keep the terms of the settlement confidential. The only special case would be when they are required by law to disclose these terms to third parties;
• The settlement will usually state that the applicant is not withdrawing the allegations about the discrimination and the respondent is not admitting to the discrimination. This does not mean that the discrimination did not take place. This language simply means that the parties are not agreeing to put in writing that the Respondent is responsible for wrongdoing.

These points of agreement might be presented in terms such as the following:

The parties agree as follow:

1. The Respondent, [name of company], shall pay the Applicant $ [Amount] in general damages to the Applicant [your name].
2. The Respondent [name of company] shall pay the Applicant $ [Amount] in wages lost and subject to any applicable statutory deductions.
3. The Respondent shall make sure that all employees receive human rights training by a professional organization with expertise in human rights. This training is to be completed by [insert date].
4. The parties agree to maintain the strict confidentiality of these Minutes of Settlement, except as required by law, and with the exception that the Applicant may disclose them to her/his immediate family, and her/his legal and financial advisors, and the Respondent may disclose them as necessary to implement the terms.
5. The settlement does not constitute an admission of liability by the Respondent or withdrawal of the allegations by the Applicant.

It is up to you whether you want to have the same person do the mediation and hear the case. It can be a helpful way to familiarize the Tribunal member with the issues. This step can possibly help reduce the amount of time needed if the matter proceeds to a hearing. On the other hand, some parties are not comfortable speaking freely with the person who will be conducting their hearing.

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Are the details of my application confidential?

The information you supply in your application, and other information about your case can become public. This is especially true if your case goes to a hearing and also if a decision is made on your case.

Additionally, under the Code, if the Ontario Human Rights Commission requests to see your application, or any filed responses, the Tribunal must share it with them.

The Tribunal may also have to share your application in response to a request to the Tribunal for sharing (disclosure of) information. This disclosure happens through the Freedom of Information and Protection of Privacy Act.

The Tribunal has policies for responding to requests to keep information private, and requests for accessing information. The Tribunal’s responses are based on balancing privacy interests with the public interest in having a transparent legal process.

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What if I need language interpretation?

The Tribunal must provide language or sign language interpretation to the parties in a case if they are needed to participate fully in a hearing or mediation. These interpreters will attend the hearing and/or mediation.

In order to request interpretation services, you should make a request for accommodation using the Tribunal’s Accommodation Request Form. See the Tribunal’s website for more information on how to request an accommodation.

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What if I have accommodation and accessibility needs?

The Tribunal will accommodate any party or witness according to their Policy on Accessibility and Accommodation. If you need any accommodation to partake in any process related to the Tribunal, you should make a request using the Tribunal’s Accommodation Request Form. See the Tribunal’s website for more information on how to request an accommodation.

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