Now that the CHRC has received all the necessary documentations from you and the respondent, they will decide if it is appropriate to offer mediation. The mediation process is voluntary, so even if the CHRC finds mediation suitable to your situation, you may still refuse to participate.
If you and/or the respondent say no to mediation, then the complaint will move to the Complaint Assessment stage.
The mediation process is an alternative approach to dispute resolution, which allows both parties to work collaboratively at finding a solution for the issue. If you do wish to participate in mediation, both parties will have a chance to try and resolve the issues outlined in the complaint.
The CHRC is responsible for scheduling and facilitating the mediation, and it is free for both parties. The CHRC does not provide legal representation to the parties. They act as a neutral third party. A lawyer is not required for the process, but you can hire a lawyer to represent you if you wish.
The end goal is for both parties to establish an agreement about what remedies should be offered, and how the relationship should proceed going forward. If the mediation works, both parties will sign a settlement agreement that indicates you have both committed to resolving the dispute.
Do I need to decide right away if I want to attend a mediation?
The CHRC provides 4 months for parties to complete the mediation. So, there is time for you to think about it, and research the process before committing to it.
Why was I not offered mediation?
Because of the sensitive nature of sexual harassment, the CHRC may have decided that mediation was not a good option in this situation. If you feel like mediation would be helpful for you, you can contact the CHRC and express that.
Do I need a lawyer for mediation?
No, you do not require a lawyer for mediation. The CHRC will act as a neutral third party and facilitate the process.
What if the respondent has a lawyer?
Even though the other party has a lawyer, this does not mean you need to have a lawyer.
Can I have a lawyer represent me during the complaint process?
Yes, you have the right to hire a lawyer to represent you through the CHRC complaint process, but any costs associated with this are your responsibility.
Will I have to be in the same room as the individual I am filing a complaint about?
No, you will not need to be in the same room as the individual you are filing a complaint about during the CHRC process. If the process is later referred to the Tribunal, you may need to be in a courtroom with the respondent, but it is important to indicate any concerns you may have on your complaint form.
What if mediation does not work?
If mediation does not result in an agreement between the parties, the complaint will then be referred to a Human Rights Officer for an assessment.
What is the timeline for this process?
The duration of mediation can vary depending on the issue. Sometimes, the process can be done very quickly, and parties may reach an agreement fast. Other times, parties may go back and forth for a while, and conclude that mediation is not the solution for their issue.
How much control do I have over this process?
You may withdraw your complaint at anytime during the process. To access the withdrawal form, click here. During the mediation process, you have full control over whether you continue to participate, and what you are willing to accept as a remedy.
I was offered a settlement and accepted. What happens next?
Once you have accepted a settlement the CHRC will close your file. Settlement agreements vary, but you can expect the respondent to include the following conditions:
No Further Action: You may not make a claim civilly (lawsuit) or with WorkSafeNB for the incident you complained about. However, if the harassment was criminal in nature, you can still file a criminal report against the respondent. You can also make a claim against the respondent if the discrimination or harassment happens again or continues.
Independent Legal Advice: Respondents will often pay for the complainant to meet with a lawyer that has no affiliation with the respondent. The lawyer will review the settlement with you and answer any questions you may have about the agreement.
Confidentiality: A condition stating that you may not discuss your complaint or the settlement with others.