1. Decide if you want to try mediation again
Question and answer
What happens at a Human Rights Tribunal of Ontario hearing?Before the hearing starts, you will be asked again if you want to try . In mediation, you and the Respondent meet with a member of the (HRTO) to try to reach an agreement.
Even if you tried mediation before, you can always try it again if the HRTO member offers you the chance.
Mediation is always voluntary. You cannot be forced into mediation.
If you agree to try mediation on the day of the hearing, the HRTO member who asked if you want to try mediation will be in charge of the mediation. If you do not reach an agreement during mediation, the same HRTO member will be in charge of the hearing.
You have to sign a Mediation or Adjudication agreement to take part in mediation that same day.
Everything that you say during the mediation is confidential. This means that the things you say to the HRTO member during the mediation cannot be used later in the hearing.
The HRTO member must run the hearing as though they were not involved in the mediation. They cannot use what you say in the mediation when they make their decision. They can only use the evidence they heard or saw during the hearing.