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Information Sheet: Mediation

(Disponible en français)

Introduction

During mediation, parties explore the possibility of settling all or some of the issues involved in the appeal.

Questions and Answers

What is mediation?

Mediation is a process during which parties try to come to an agreement with the help of an experienced OSET member. Mediation is voluntary and confidential. If you are interested in mediating, you should notify the OSET when you apply. Mediation will generally be scheduled before the pre-hearing conference.

Is there a charge for mediation?

There is no cost to the parties for mediation services provided by the OSET.

Who will be the mediator?

The chair appoints a member of the OSET to mediate. The member:

is trained as a mediator
does not take sides or impose a decision
helps the parties try to reach a mutually acceptable resolution of the issues
helps clarify and narrow the issues in dispute
cannot serve on the panel that hears this appeal
cannot communicate any information shared during the mediation to any member of the OSET

What if mediation resolves all the issues?

If mediation resolves all the issues of the appeal:

the parents can withdraw the appeal and the file will be closed, or
the parties can request that the OSET issue a consent order, in accordance with the Rules of Procedure and the Practice Direction: Consent Orders

What is a consent order?

A consent order is an order that is agreed to by both parties. A party may request that the OSET issue a consent order when the parties have reached a settlement agreement or an agreed-upon statement of facts. The consent order includes only those parts of the agreement that are within the jurisdiction of the tribunal and are approved by the tribunal. Consent orders can be filed with the Ontario Superior Court of Justice.

What if mediation resolves some but not all the issues?

If some matters are resolved, they are withdrawn from the appeal and the appeal proceeds to the pre- hearing. The list of resolved issues can be tabled at the hearing as a settlement agreement or an agreed-upon statement of facts. With the exception of this agreement, discussions that take place during mediation are confidential and cannot be presented to the panel at the hearing.