Dispute Resolution and Mediation at the Board
Mediation is a process that gives parties an opportunity to resolve their dispute confidentially with the assistance of a neutral mediator. The mediator does not decide who is right or wrong and cannot impose a solution. Instead, the mediator helps the parties communicate, better understand each other’s concerns and explore possible ways to resolve the dispute.
Resolving a matter through mediation can provide significant benefits to the parties. Reaching a settlement can save time and avoid the uncertainty of waiting for a formal decision. It allows the parties to craft solutions that address their specific needs and circumstances rather than having an outcome imposed by a third party. Mediation can also help preserve or improve working and ongoing labour-management relationships and reduce the stress, cost and disruption often associated with formal proceedings.
Mediation also provides an opportunity to address underlying concerns and develop practical solutions that may not be available through a Board decision. The mediator may also help identify practical or creative solutions that the parties may not have considered on their own.
When a matter is resolved through mediation, the terms of the settlement do not need to be disclosed to the Board unless a party specifically requests otherwise.
Many complaints and applications filed with the Board are successfully resolved through mediation.
Even when a dispute is not fully resolved, mediation often helps the parties better understand the issues, narrow the areas of disagreement and identify a path forward.
Each complaint and application filed with the Board is subject to a dispute resolution process, including mediation.
The Role of Industrial Relations Officers
Industrial Relations Officers (IROs) act as mediators between the parties. They are neutral persons who are skilled in labour relations and mediation.
IROs use their dispute resolution skills to help settle files. Many files are settled during mediation and never go to the Board for a decision, to the benefit of all parties involved.
IROs may also help parties understand the process by:
- providing information on the Board’s policies and procedures
- explaining the law and what the parties need to file with the Board
- explaining what the parties need to prove to be successful
- being available to answer any questions that the parties may have
Certain files are assigned to Senior Analysts (SA). For more information, please see the Investigation page.
IMPORTANT: IROs do not provide legal opinions or strategic advice on a case.
Most files that the Board receives are assigned to IROs. Once a case is assigned to an IRO, the IRO will contact the parties to discuss the mediation services offered by the Board, begin discussions and explore opportunities for resolution. The mediator is responsible for managing the mediation process and creating an environment in which all participants can be heard and engage meaningfully in the discussions. The mediator remains neutral and impartial throughout the process. They adapt their approach to the needs and circumstances of the parties and work with them to identify their interests, explore possible solutions and facilitate discussions aimed at achieving a mutually acceptable resolution in an informal and confidential setting.
Throughout the mediation, the mediator encourages constructive dialogue, helps the parties better understand each other’s perspectives and supports their efforts to reach a mutually acceptable resolution.
The IRO does not submit a report to the Board regarding the mediation or its outcome. If the matter is not resolved, the mediator will not disclose to the Board any confidential information that the parties shared.
Below is an overview of the mediator’s role and responsibilities.
The mediator’s role is to:
- be impartial
- explain the mediation process
- answer any questions at pre-mediation that the participants may have about mediation
- ensure that all participants have signed the Agreement to Mediate before the mediation begins
- help everyone listen, communicate and stay focused on the mediation process
- help the parties focus on the future rather than the past and on interests rather than on positions
- encourage the parties to consider each other’s perspectives
- help the parties identify the important issues
- guide the parties in exploring their respective interests and needs
- support the parties in developing viable options and in assessing the various options considering objective criteria (laws, precedents, etc.)
- protect the confidentiality of the mediation process, subject to any applicable law
- help the parties in doing a “reality check” concerning the respective strengths and weaknesses of their case
The mediator’s role is not to:
- take sides
- act as a lawyer or advocate for either party
- tell the parties what the issues are between them
- take responsibility for the issues
- solve the issues
- make decisions for the parties
- give advice on the legal implications of any settlement reached by the parties
- draft the Terms of Settlement
- give advice on the legal implications of the Terms of Settlement
How do I prepare for mediation?
One of the best ways to prepare for mediation is to reflect on the issues that are most important to you. Consider what you hope to achieve through the process. Taking time to identify your interests, priorities and possible areas of flexibility can help you participate more effectively and make informed decisions during the mediation.
Disputes can sometimes involve strong emotions or sensitive issues. Thinking about these matters in advance can help you better understand your concerns, communicate them clearly and evaluate potential solutions that may emerge during the discussions. You may also choose to be accompanied by a trusted person who can provide moral support and, where appropriate, advice throughout the process.
The mediator can assist you in preparing for mediation by holding a confidential pre-mediation meeting. This type of meeting provides an opportunity to discuss the process, raise concerns, ask questions and share your expectations. It can help you feel more comfortable and better prepared to participate in the mediation.
The success of mediation depends on the active participation of everyone involved. Below are elements to consider before the mediation meeting. Familiarizing yourself with these elements will help you prepare for the session and make the most of the mediation process.
The Parties’ Role
Before Mediation
- Think about the key issues as you see them and as the other party may see them
- Consider your needs and interests (concerns, hopes, fears, desires, expectations, etc.) and what the other party’s needs and interests may be
- Identify possible solutions that might satisfy your interests and those of the other party
- Ensure that you have the necessary authority to settle
- Prepare opening remarks explaining your perspective on the issues and your general objectives for mediation
- Consider your alternatives if mediation does not result in an agreement
- Try to understand the other party’s perspective
During Mediation
- Review and sign the Agreement to Mediate, if it was not already signed before mediation
- Participate in good faith
- Communicate openly and honestly
- Ask questions if in doubt
- Contribute actively to coming up with options
- Assess the options to make an informed decision
- Draft the Terms of Settlement and sign them when a settlement is reached
After Mediation
- Implement the Terms of Settlement
How does mediation take place?
Mediation can take place virtually or in person.
Before the mediation, the IRO will contact you to answer any questions you may have about the process. They will go over the signing of an Agreement to Mediate, outlining the different essential components of the mediation process. For your information, you can review a typical Agreement to Mediate here. If the mediation is conducted virtually, you will receive the final version of the Agreement to Mediate before the mediation begins. If your mediation is held in person, the final version of the Agreement to Mediate will be available for signature on the day of the mediation.
Before the mediation begins, the mediator will usually meet separately with each party. This preliminary meeting allows the mediator to explain the mediation process, answer questions, gain a better understanding of the issues in dispute and ensure that everyone is prepared to participate. During this stage, the parties are generally placed in separate rooms, whether the mediation is conducted virtually or in person.
Depending on the situation, the mediator may then bring the parties together for a joint discussion. The mediator will explain how the meeting will proceed and invite each party to share their perspective. This helps everyone better understand the concerns and interests of the other parties.
During the discussion, the parties may talk about facts or events that are important to them. However, the goal of mediation is not to decide who is right or wrong. Instead, the focus is on finding solutions and moving forward.
The parties will then explore possible ways to resolve the dispute. They can suggest, discuss and evaluate different options to find a solution that works for everyone. This often leads to creative and practical solutions that may not be available through a formal Board decision.
Sometimes the parties may have difficulty finding a solution. When this happens, the mediator will help them explore other options, clarify their needs and interests and work through any obstacles.
The mediator will adapt the process to the needs of the parties throughout the mediation. In some cases, the parties may meet together. In others, they may remain in separate rooms while the mediator communicates between them. Every mediation is different, and the process is flexible to help the parties reach a resolution.
What if I need language interpretation?
The Board is committed to ensuring that parties can fully participate in its processes in the official language of their choice. Upon request, the Board can provide interpretation services to facilitate communication between parties who do not share the same official language.
In some situations, the Board can also arrange interpretation services in many other languages. These services are provided at no cost to the parties.
If you require interpretation services for mediation, you should let the Board know as soon as possible. Early notice helps ensure that appropriate arrangements can be made and avoids unnecessary delays in processing your case.
Reaching an Agreement
Once the parties have reached a mutually acceptable solution, they have achieved what is often referred to as an “agreement in principle.” This means that they have agreed on the key terms needed to resolve the dispute.
The parties will then work toward formalizing their settlement in a written agreement. The mediator can assist throughout this process by helping to clarify the terms of the settlement, ensuring that the parties have the same understanding of their commitments and facilitating discussions regarding any remaining details.
A written settlement agreement typically sets out the terms that the parties have agreed upon, the actions that each party has undertaken to complete and any timelines for implementation. A clear written agreement drafted by the parties helps ensure that everyone understands their obligations and provides certainty regarding the resolution of the dispute.
The mediator will generally remain available to assist the parties until the agreement has been finalized and signed. Once the agreement is signed, the matter is considered resolved, and the Board will close its file.
What happens if mediation does not work?
If the parties are unable to reach a settlement through mediation, the file will continue through the Board’s normal case-processing and decision-making procedures.
Participating in mediation does not affect the parties’ right to have their matter determined by the Board if mediation is unsuccessful.
The Board’s mediation services are available at no cost to the parties from when a file is opened to when the matter is resolved or the Board issues a decision.
Because disputes and negotiations often evolve over time, parties can request dispute resolution discussions and mediation at any stage of the proceedings. Where appropriate and with the agreement of the parties, multiple meetings may be held to allow discussions to continue and to maximize the opportunity to reach a mutually satisfactory resolution.