Case Study : Ontario Human Rights Mediation

These mediation proceedings are not conducted under oath, do not follow traditional rules of evidence and are not limited to developing the facts. Mediators are expected to draw out the parties' perceptions and feelings about the events that have brought them into conflict. It also encourages parties to acknowledge

“Grievance mediation is an alternative dispute resolution procedure which promises many of the advantages of arbitration in less time and at lower expense” (Roberts, Wolters, Holley, & Field, 1990). Mediation is less time consuming and the least expensive method of resolving a complaint than going forward with the arbitration process. If chosen by the complainant, grievance mediation is a completely voluntary step. This is the step prior to going forward to the arbitration process. The mediation step provides an opportunity for a

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures used if conflict is between employees or members of an organization. The 3rd party, who does is allowed to make a decision is doing the mediation and is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

Throughout the past five weeks we as a learning team have gathered and learned a huge amount about the use of Mediation within an agency scene. Our team has collected and gathered a number of Internet websites to use as resources together with assorted interviews with social agencies. Our findings have concluded summaries about the future of the mediation and advocacy in this country and the role of human services workers in these processes.

Fells (2016, p. 211) wrote “ just as a doctor works to bring a person back to health, so too a mediator works to bring a deadlocked negotiation back to a situation where the parties can reach agreement”. This essay discusses this statement with reference to contemporary research on dispute resolution. In order to comprehend how this is achieved, we must consider the essence of mediation, the different types of mediation and what mediators do. Negotiation and mediation are process used to resolve opposing preferences between parties. Negotiation is defined in Fells (2016, p. 3) as “a process by which two parties with differences that they need to resolve try to reach agreement through

Small claims court was established as an alternative dispute resolution forum. It is less expensive, faster and less formal than litigation. The increase in the jurisdictional limitations of Small Claims Courts have contributed to increase the caseloads in Small Claims, the popularity of the TV shows such as Judge Judy or Judge Brown also contributed to the caseload and peoples automatic action to fill cases. In order to clear the backlogs, in 1999 after a year of testing, Alberta Justice Minister of Alberta David Hancock made mediation a permanent part of the provincial civil court division. Based on the report, mediation helped to speed up the process. Cases were going to mediation within 5 weeks instead of 6 months just to get a court date. Alberta still incorporates mediation in their civil courts. Parties can choose to go to mediation or the courts can decide for them if they see fit. In 2004, research done in the U.K regarding mediation in Small Claims Court also indicated there is an increase satisfaction for parties and maximised efficiency in the use of judicial resources. What is the difference between Small Claims and Mediation? How would mediation help Small Claims Court? What are the limitations of such action? Are a few of the question that will be answered in this paper.

In Ontario, police officers that have died in the line of duty are commemorated annually at a memorial recognizing their service (D’Aleisio). Officers who have taken their own lives while serving on the police force are not recognized at this memorial, bringing to light the question of discrimination against mental illness and disabilities.

Perhaps the biggest issue facing court systems in the future is the victim’s movement to have their cases handled outside the court system, and through private systems like mediation or arbitration. Mediation is a method of alternative dispute resolution in which a

Kolkey, D. M., Chernick, R., & Neal, B. R. (2012). Practitioners handbook on international arbitration and mediation (3rd ed.). Huntington: JurisNet.

Mediation is a different process to reach a resolution for parties that find themselves in a family court matter. Mediation is a part of the process ran by the courts by individuals that are unbiased and yet knowledgably about family law matters and the law. The courts want couples to give mediation a try before taking the matter before the judge in case some issues can be worked out beforehand. Attorneys are not included in this process. What happens in mediation is all parties will work on the issues at hand as peaceful as possible and in a manner to hopefully reach amicable outcomes, with a third party to help oversee this process and help negotiate their issues. These issues that can be heard in mediation are many and can be a wide variety of needs from the parties. These issues can be negotiation of assets, debts, child and spousal support, and visitation and custody matters of any children involved in the case.

On the other hand Chapter 154 established a general statutory framework for Alternative Dispute Resolution in the State of Texas and allows courts to send disputes to mediation. Lastly, Chapter 155 of the Civil Practices and Remedies Code requires two settlement weeks each year for populations of 150,000 or greater. The importance of starting with the Civil Practices and Remedies Code enabled our class to understand that mediation has an underlying framework that must be studied in order to understand mediation as a whole. Furthermore, to emphasize the beginning of mediation in Texas we learned about the history of compulsory Mediation in Texas. In 1987, the Texas Legislature passed the ADR act which allowed courts to refer a dispute to mediation. It would take about one year until mediation became popular in Texas. In 1988, a man named Steve Brutsche and a small group of lawyers picked and trained respected group of Dallas litigators to take on the new procedure of ADR. Fortunately, the lawyers came like to the practice of ADR and began using it on a wider scale. Eventually, the practice of ADR spread to the multiple major cities in Texas because of its

Several of us, might already be using the different techniques that are mentioned throughout this paper when dealing with conflict or mediating or coaching others who are involved in conflict. Prior to this course, I thought there was only one way to facilitate the mediation process, and it was the mediator’s role to work that model until the mediation process had convened. Kenneth Cloke writes in several of his case studies from the book, The Crossroads of Conflict, that he would regularly work with clients and “coach” them through the dispute. This took place through multiple sessions with the clients. Conducting mediations through staggered meeting times allows for numerous opportunities for the mediator to work with the clients to develop their own confidence and competence to successfully involve themselves in the conflict in a constructive way. There is a common core and skill set used in between mediation and conflict coaching, but at the same time, conflict coaching requires a separate and distinct process combined with a separate theory of its’

Mediation is also a private process, which is important for business owners. Simply being named in a lawsuit can have devastating effects on a business, even if it is cleared of any wrongdoing. Mediation usually takes place in a conference room, away from the public eye. Therefore, no news reporters or curious members of the public will be present.

In order to avoid an Employment Tribunal, which can prove expensive to the complainant and the respondent, cases may be settled before and during formal legal proceedings. This is often arranged by a mediator.

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.