Mediation is where both parties make a good faith attempt to reach an agreement and settle the complaint. Mediation is voluntary and both the complainant or the respondent can refuse to participate in it. During the mediation process, an NBHRC employee or mediator will act as a neutral third party to help both parties reach a mutually agreed settlement.
Mediation services are offered free of charge by the NBHRC. You have the right to hire a lawyer to help you throughout the NBHRC complaint process, including for mediation, but legal representation is not necessary or required for the NBHRC complaint process. Any legal fees associated with hiring a lawyer will be your responsibility.
Mediation is confidential and done without prejudice to either party. Without prejudice means that neither party admits to any wrongdoing, even if they reach an agreement.
Mediation agreements (usually called settlements) can include monetary compensation, such as general damages (compensation for injury to dignity, feelings, or self-respect) and/or special damages (compensation for expenditures, financial losses, or deprivation of benefits).
Settlements can also include other kinds of compensation that are non-monetary, for example, a letter of apology to the complainant, human rights training for the organization/individuals involved, and/or a change in the organization’s policies and procedures.
Please Note: neither side is obligated to reach a settlement during the meditation process.
The NBHRC officer assigned to your case will assess whether mediation is appropriate. Sometimes, sexual harassment claims are not appropriate for mediation due to the sensitive nature of the complaint. If you wish to participate in the voluntary mediation process, you may contact the officer for more details.
FAQs:
What does Mediation Look Like?
- Parties to a Human Rights Complaint have two options: mediation or conciliation. The mediation process involves the complainant, the respondent, and a mediator meeting face-to-face to discuss the complaint and work towards a settlement. Conciliation is mediation that is done through a virtual format, i.e. via email or text. During conciliation, each party can discuss the complaint and potential settlements by contacting their NBHRC representative who will relay messages to the other party.
How quickly can mediation happen after I file a complaint?
- As soon as the Commission notifies the respondent that a complaint has been filed, they will have the option to respond to or request a mediation. If both parties agree to mediation, it can begin immediately.
I have agreed to a mediation. Can I choose who will participate in the mediation?
- Mediation is voluntary, so you can make a request if you do not want to meet or face a specific individual during mediation. You may also ask that mediation be done by conciliation, which means all communication will be done by phone or email messages sent to the mediator who will then relay the messages to both parties.
I was offered a settlement and accepted. What happens next?
- Once you have accepted a settlement, the NBHRC 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 civil claim (a lawsuit) or file a complaint with Worksafe for the same incident, but if the harassment was criminal in nature, you can still file a criminal report against the respondent. You can also make a complaint against the respondent if the discrimination or harassment happens again.
- Independent Legal Advice: The respondents will often hire a lawyer to meet with the complainant to review the settlement and answer any questions you may have about the agreement.
- Confidentiality: A condition that you may not publicize your complaint or the details of the settlement.
I was offered a settlement but rejected the offer. What happens next?
- If you refuse a settlement offer, the NBHRC will end the mediation process and proceed with the next steps of the complaint process. This may involve the NBHRC starting an investigation or referring the case to the Labor and Employment Board. If either party wishes to attempt mediation again, they can advise the NBHRC officer assigned to their case who will try to arrange mediation or conciliation with the other party.
Are there any risks to rejecting a settlement offer?
- Yes,If the Commission or the Labor and Employment Board determine that the settlement offer was reasonable, the potential risks of refusing a settlement include:
- The Labor and Employment Board may order a lower payment than what was reached in the settlement or may order no payment at all
- The NBHRC may dismiss your claim
- The Respondent may request the Commission to dismiss the complaint because the complainant refused a reasonable settlement offer.
What is a reasonable settlement offer?
- NBHRC assesses each offer individually based on the merits of the claim to decide if the offer was reasonable. The NBHRC must be satisfied that the settlement is above or near what the Labor and Employment Board may award. The complaint will not be dismissed if the settlement offer does not meet that criterion.
If the NBHRC decides that the settlement offer was reasonable – that is, above or near what the Labour and Employment board may award you – then you will have a period of time to consider accepting the offer. After this period of time, your complaint may be dismissed.