When employers and employees have grievances that fall under legislation for Canadian employment law, either party may decide to launch a litigation suit by filing a claim for damages. Each province establishes its own rules and guidelines for handling such claims. In Toronto, however, such claims are not permitted to go directly to trial before a court and judge. A mandatory step in the litigation process is a mediation session.
A mediator is an independent third party, but not necessarily a lawyer, who meets with both parties and their lawyers in an attempt to reach an agreement. The two parties may agree on the selection of a mediator, or the Mediation Coordinator’s Office may appoint a mediator to the case. The mediator does not rule on the situation, but rather provides assistance that can help the parties find common ground and, ultimately, a mutual resolution.
Why Go Through Mediation First?
Though many feel that their employment grievance is too far advanced or complicated to be resolved through mediation, in actual fact, less than 2% of cases in Canada actually go to trial in a court of law. The overwhelming majority of cases are settled before, during or after mediation.
The mandatory mediation requirement in Toronto exists for a number of reasons that directly benefit the aggrieved parties:
- Mediation reduces the time needed to settle the dispute, thus avoiding the lengthy process and emotional toll of going to trial;
- A shortened litigation process often results in fewer legal costs, thus making it more feasible for parties to legally address their employment grievances;
- Mediation can settle disputes without associated public disclosure of a trial that could negatively impact both employers and employees;
- Mediation places less strain on the court system, thus reducing backlog and allowing more cases to proceed to trial with less delay.
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