Human Rights Tribunal of Ontario FAQ:
Change from Voluntary Mediation to Mandatory Mediation

(Disponible en français)

1. What is mediation?

Mediation helps the parties reach a mutually acceptable agreement (settlement) that resolves the issues in the application. The Human Rights Tribunal of Ontario (HRTO) mediates disputes using an active listening approach. This means that both sides will have an opportunity to tell an HRTO mediator what happened and what they would like to see done about it.

2. What is the difference between voluntary and mandatory mediation?

Voluntary mediation requires all parties to agree to participate for mediation to take place.

Mandatory mediation requires parties to participate in mediation before proceeding through the tribunal's processes.

• A mediation will be scheduled in every application filed with the HRTO.
• Where the HRTO directs a party, intervenor or affected person to attend mediation, that party's attendance shall be mandatory.

3. When does mandatory mediation take effect?

Mandatory mediation will apply to any application received on or after June 1, 2025.

4. Will the HRTO's forms be updated to reflect the new rules?

As of June 1, 2025, the HRTO will accept updated Form 1: Application under Section 34(1) of the Human Rights Code, Form 1G, and Form 2. Effective June 15, 2025, the HRTO will no longer accept the previous versions of these forms. If older forms are submitted to the HRTO, they will not be accepted and will be returned to the party or their representative.

Please note that the older forms indicate mediation is voluntary. Even if older forms are used by a party, mandatory mediation will apply to any application received on or after June 1, 2025.

5. Why has the HRTO changed from voluntary to mandatory mediation?

The change aims to:

• Encourage early resolution of disputes.
• Save time and resources for both parties and the tribunal.
• Ensure the fair and expeditious resolution of disputes.

Mediations have proven to be very successful in resolving applications at the HRTO and are aligned with the HRTO's mandate, which encourages resolution through alternative dispute resolution methods rather than traditional adversarial approaches.

All parties will also have more control over the outcome and can work together to find solutions.

6. Who will be affected by this change?

Parties (Applicants / Respondents) to an Application filed on or after June 1, 2025, will be required to participate in mandatory mediation.

7. What happens if an agreement is not reached during mediation?

If mediation does not result in an agreement, the Application will continue to proceed through the tribunal process.

8. Are there any exceptions to mandatory mediation?

Exceptions may apply in exceptional circumstances. Parties can submit a Form 10 to request an exemption. You should provide reasons why you think you should be exempted from participating in mediation.

9. How can parties prepare for mediation?

For Applicants, the Human Rights Legal Support Centre (HRLSC) has a How to Guide – Preparing for a mediation at the Tribunal: Preparing for a Mediation at the Tribunal - HRLSC. Applicants can also refer to the HRTO's website and guides.

10. Who can I contact for more information?

For more information, please contact the HRTO's Registrar at HRTO.Registrar@ontario.ca.

11. As an Applicant, where can I get legal advice?

You can contact the Human Rights Legal Support Centre at https://hrlsc.on.ca/.

Tel: (416) 597-4900
Toll Free: 1-866-625-5179
TTY: please dial 711
Fax: 416-597-4901
Fax (toll free): 1-866-625-5180

12. As a Respondent, where can I get legal advice?

If you wish to hire a private lawyer and do not know one, you can contact the Lawyer Referral Service, Law Society of Ontario.

This is an on-line service. To make a request visit https://lsrs.lso.ca/lsrs/welcome.