4. Go to mediation if you agree to it

How do I make a claim to the Human Rights Tribunal of Ontario?
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4. Go to mediation if you agree to it

If you agree to mediation, the Tribunal sends you a Notice of Mediation. The Notice gives the time and place for the mediation. Contact the Tribunal within 14 days of getting the Notice if you need to change the date of the mediation. You need a good reason to change the date (for example, you will be away from Ontario).

If you ask to change the date, you have to give other dates. It helps if your employer, landlord, union representative, or service provider agrees to the other dates. There are rules you have to follow if you ask to change the date. 

You can contact the Tribunal at any time if you need the Tribunal do something so there won’t be any barriers for you at the mediation. For example, you might need:

There is no time limit on requesting an accommodation, but it is helpful to do it as soon as possible.

Think about what you want

Think about what you want to get and what's most important to you. Mediation usually doesn't work unless both you and your employer, landlord, union representative, or service provider compromise. So you might not be able to get the full amount of money you ask for in your claim. Some people make an agreement because they don't want to wait for or go to a hearing.

Who will be at mediation

If you have a lawyer or paralegal representing you, they should come with you. You can also bring a family member, friend, or other support person.

A Tribunal member will be the mediator. If you don't reach an agreement, a different Tribunal member decides your claim at the hearing.

Mediation usually starts with everyone in the same room. Tell the Tribunal if you don't want to be in the same room as your employer, landlord, union representative, or service provider. For example, if your employer sexually harassed you, you might ask to be in a separate room.

What happens at mediation

The mediator decides how to proceed. Usually, they start by going over what the claim is about. Then they meet with you and your employer, landlord, union representative, or service provider separately.

The mediator may:

  • help you understand your rights by explaining the law
  • ask you questions
  • suggest how you might be able to agree

You don't have to agree to anything if you don't want to. You can choose to have a hearing.

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Reviewed: June 11, 2018

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