Mediation is a voluntary way of resolving human rights complaints. Mediation is offered when the NWT Human Rights Commission first accepts a complaint. Mediation is available at any time during the complaint process.
It is important to note that during mediation, there is no assessment of the merits or validity of the complaint.
Mediation allows the two sides of the complaint (the “parties”) to get a better understanding of each other’s positions. It can improve communications and can help reach solutions that lead to better relations.
Mediation is flexible. It allows the parties to deal with the issues and also to deal with what may have caused them. Mediating a complaint as soon as possible can help avoid delays. Finally, both parties are in control of what decisions are made about the complaint, rather than having a decision imposed by a third party.
During mediation, the parties:
The discussions in mediation are confidential and “without prejudice”. This means that anything said during mediation cannot be used in any other legal process. The information shared during mediation cannot be used if the complaint goes to investigation or to a hearing. This lets both parties speak freely and not worry about how the information can be used in the future. Finally, settlements are made “without admission of liability”. This means that the parties do not admit wrongdoing just because they are settling the complaint.
Mediators work for the Commission as employees or contractors. They have training and experience in mediation and human rights issues. Mediators guide discussions and encourage parties to look at the advantages and disadvantages of options for resolving the complaint. Mediators do not give advice or take sides. Mediators have no authority to make decisions.
The purpose of the NWT Human Rights Act is to resolve human rights problems and prevent them from happening again. During mediation parties can explore a broad range of solutions. For example, training, lost wages, reinstatement in a position, getting the opportunity that was lost or an apology, or financial compensation. If the complaint involves a discriminatory policy, the settlement could include changing the policy or putting new procedures in place.
The mediator prepares a written agreement that describes what each party agreed to. Both parties sign the agreement. The agreement is given to the Director of Human Rights. The Director closes the file and no further action is taken on the complaint. If a party notifies the Commission that the settlement agreement is breached, the Director can reopen the complaint.
If there is no settlement, the complaint could go to investigation. There is no penalty for refusing to mediate, or having tried mediation with no agreement being reached. After investigation, the Commission will decide whether to dismiss the complaint or refer it to the NWT Human Rights Adjudication Panel for a hearing. A complaint can go back to mediation at any time even if there was no settlement in earlier attempts to mediate.
The NWT Human Rights Act forbids anyone from threatening, intimidating or discriminating against somebody who gives evidence or helps during a complaint.
To contact the Northwest Territories Human Rights Commission:
PO Box 1860
Yellowknife, NT X1A 2P4
Toll Free: 1-888-669-5575
Yellowknife: 867-669-5575
Fax: 867-873-0357
E-mail: info@nwthumanrights.ca
Web:www.nwthumanrights.ca