Does the Human Rights Tribunal offer mediation?

3. Prepare for your mediation

Mediation is important. Sometimes, especially if you don't have strong evidence, it's the best chance you have to get what you want. You should prepare for it well.

Before your mediation, think about what you want and what you'd like the Respondent to do.

What you want

Some examples of what you want:

  • money
  • a public apology
  • to get your job back

If you're asking for money, you need to think about:

  • General : This is money you get for the damage to your dignity from being discriminated against. It's usually between $5,000 and $15,000, but the amount can be higher or lower.
  • Special damages: This is money you get to replace the money you lost or spent from being discriminated against. For example, the income you lost from a job or the money you spent to move to a new home.

What you’d like the Respondent to do

Some examples of things you might want the Respondent to agree to in a settlement agreement are to:

  • give you back your job or your apartment
  • make employees attend human rights training
  • change their policies
  • donate to a charity

A successful usually involves compromise from both sides. Think about what you're willing to give up and what you're not willing to give up. For example, you might be willing to accept less money, but you might insist that they change a certain policy that discriminates against some people.

Remember that if you don't agree your case goes to a hearing. Hearings always have some risk. You could win a hearing and get everything you want, or you could lose and get nothing. Think about the strength of your case as you decide how flexible you want to be during mediation.

Organize your documents and evidence

Organize your documents and evidence. This can include things like:

  • letters from your landlord, employer, doctor, other service provider
  • Pictures or videos
  • Copies of the organization's policies, brochures, or other official documents
  • Copies of any employment contracts or your rental lease

You get to explain your side of the case to the Tribunal member who is in charge of the mediation. Make notes about what you want to say. The more organized you are, the easier it is to explain your case well.

There are no witnesses at a mediation. But list any witnesses you know and write down what you think they'd say at a hearing.

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