What is mediation?
Mediation is a different way of resolving a complaint filed with the Office of the Commissioner of Official Languages (the Office of the Commissioner). It enables the complainant and the institution cited in the complaint (“the parties”) to better understand each other’s point of view and to find a mutually acceptable solution to the issues raised in the complaint, with the help of a mediator. Mediation is an informal, confidential and voluntary approach.
Advantages of mediation
- Speed: Unlike an investigation, the mediation process is generally completed in less than three months. This allows the parties to resolve the complaint quickly.
- Confidentiality: All information communicated during the mediation process remains completely confidential between the parties and the mediator, unless the parties agree otherwise.
- Flexibility: The parties can choose how they will discuss and resolve the issue. Discussions are conducted in a spirit of respect and cooperation.
- Satisfaction: Mediation enables the parties to work together to find a solution that meets their respective needs. Parties feel empowered because they control the decisions that affect them.
- Accessibility: Mediation is a free service that can be adapted to the accessibility needs of the parties, if required. Parties can participate on their own, without a lawyer.
Mediator’s role
The mediator is a third party who helps the parties to communicate constructively. The mediator helps the parties find their own solution to the problem cited in the complaint.
The mediator is impartial. This means that the mediator does not take sides and does not decide who is right or wrong or whether the solution agreed upon between the parties is acceptable. The mediator does, however, help the parties find a solution that complies with the Official Languages Act.
The Office of the Commissioner appoints the mediator.
What is expected of participants?
If they decide to participate in the mediation process, each party will be required to sign the Agreement to Mediate, which sets out the rules of mediation. Each party will also be required to complete a form designed to provide useful information to the other party and the mediator in preparation for the mediation meeting. The form is confidential and will only be used in the mediation process. It includes, among other things, the following information:
- For the complainant:
- A short description of the events that led to the complaint
- The solutions sought to resolve the complaint
- For the federal institution cited in the complaint:
- A short response to the allegations in the complaint
- The proposed solutions for resolving the complaint
Throughout the mediation process, the parties shall make sincere efforts to resolve the complaint fairly and in good faith. Communication with the other party and the mediator shall be courteous and respectful.
The parties will have to devote time to the mediation process. They will have to take part in a mediation meeting, usually held by video conference on a date agreed upon with the mediator and the other party. This meeting may last a few hours, but never more than half a day.
The mediator and the parties may agree on another means or combination of means for conducting the mediation process. Where it is not possible to organize a meeting by video conference, mediation may be conducted by teleconference or in person where accommodation is required. Shuttle mediation is also possible, where the mediator meets separately with the parties when they are unwilling or unable to meet.
The mediation process must be completed within three months. The mediator may grant an extension of up to one month, at the mediator’s discretion.
Mediation process steps
- The mediator holds preparatory meetings with the parties separately.
- The parties and the mediator agree on a date for the mediation meeting.
- The mediation meeting takes place with the parties and the mediator. The mediator may have separate discussions with each party.
- The mediation process ends. If the parties reach a settlement, they draw up and sign a settlement agreement with the help of the mediator. If the parties fail to resolve the complaint, the mediator refers the complaint for investigation.
Mediation meeting procedure
- The mediator explains the basic rules of mediation at the beginning of the meeting.
- The parties present their respective points of view regarding the problem raised in the complaint.
- The mediator helps parties establish and express their needs and interests.
- The mediator can provide information on the Official Languages Act and answer the parties’ questions about their language rights.
- The mediator helps each party assess the strengths and weaknesses of its position and weigh the various options for resolving the complaint.
- The parties choose the solutions that seem most appropriate to them or end the mediation.
Accompaniment or representation
The parties may be accompanied by a support person (for example, a family member or friend) during mediation. They also have the right to be represented, for example, by a lawyer, at their own expense.
Any person who participates in the process as a representative or support person must also sign the Agreement to Mediate and abide by its conditions.
Conclusion of the mediation process
Mediation ends either:
- when the parties agree on a settlement to the complaint;
- when one or both parties or the mediator decide to terminate the mediation for any reason whatsoever; or
- upon expiry of the time limit for completion of the mediation process.
If the complaint is not resolved at the end of mediation, the mediator notifies the Office of the Commissioner so that it can conduct an investigation into the complaint.
The parties and the mediator must respect the confidentiality of the mediation process even after it has ended. Information exchanged during mediation is not shared with the Investigations Directorate unless the parties agree otherwise.
Please note that if you do not opt for the mediation process, the Office of the Commissioner of Official Languages will conduct an investigation into the complaint.
