Occupational Health and Safety Tribunal Canada
Symbol of the Government of Canada

Occupational Health and Safety Tribunal Canada

www.ohstc.gc.ca

Breadcrumb

  1. Home

The role of each party in mediation

The role of each party in mediation is to :

Before mediation :

  • voluntarily accept to participate in a mediation process with openness and respect;
  • think about the key issues as you see them and as the other party may see them;
  • determine the specific interests (concerns, hopes, fears, desires, expectations, justifications...) and needs of each party as well as the shared interests and needs of all parties;
  • identify possible solutions that might satisfy your interests as well as the interests of the other party;
  • prepare an opening statement on the reasons supporting the dispute as well as the reasons to have accepted to participate in a mediation process;
  • consider your alternatives should mediation not result in an settlement;
  • try to understand and to respect the other party’s perspective;
  • ensure that persons having the necessary authorities to settle the dispute attend all mediation sessions or are easily and readily accessible by telephone to approve any agreement.

During mediation :

  • review and sign the consent to mediate;
  • participate in good faith;
  • communicate in an open and honest manner;
  • adhere to the ground rules agreed upon by the mediator and the parties;
  • actively contribute in finding options;
  • if in doubt, ask questions;
  • get involved in the attempt to resolve the dispute;
  • draft or help your representative draft the Terms of Settlement and sign it;
  • advise the mediator if you do not agree and/or if you are not comfortable with the proposed settlement and/or if your feel pressure to accept the terms and conditions of the said settlement;
  • ensure that every clause related to occupational health and security in a possible settlement, is in compliance with the provisions of the Canada Labour Code, Part II and its Regulations.

After the mediation :

  • implement the terms of the settlement or follow-up to ensure that the terms of the settlement have been executed and
  • ensure that the terms of the settlement were fully complied with by the due dates.

Footer

Date Modified:
2011-12-22