CANADIAN HUMAN RIGHTS TRIBUNAL (CHRT) MEDIATION AGREEMENT 2025

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You are not obligated to respond to an invitation to mediate, and this is not a legal requirement. However, it is important to consider whether mediation may be useful for you, and whether the process may help resolve your dispute before deciding whether to participate.
The Court will be able to take into account your refusal to attend FDR if there is an application for costs. It is possible that the Court will make an order for the other partys costs on the basis that you refused to attend mediation and thereby increased the costs of each party.
Upholding Mediation Agreements Typically, agreements reached during mediation can be made legally binding through a court order or settlement agreement. During the mediation process, the mediator will typically draft a written document outlining the terms of any agreements reached by the parties.
While mediation is a valuable tool for resolving disputes, there are circumstances where refusing mediation is a reasonable choice. When the nature of the dispute, power imbalances, lack of good faith, legal considerations, or timing and readiness are significant factors, parties may opt out of mediation.
Parties who express an unwillingness to mediate must at least provide reasons as to why at the time. A court will not look favourably on reasons raised for the first time, to justify a failure to mediate, when the question of costs comes to be considered.
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This means that, legally, a judge cannot direct you or the other party to attend mediation. Although, its important to note that the judge will likely ask why you chose to decline mediation. The judge can, however, direct parties to attend a MIAM.
The tribunal holds hearings to investigate complaints of discriminatory practices and may order a respondent to a complaint to cease a practice, as well as order a respondent to pay compensation to the complainant. Decisions of the Canadian Human Rights Tribunal are reviewable by Canadas Federal Court.
While most mediations result in a settlement, some do not. However, even if the case does not initially settle at the mediation, I do not lose hope.

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