How to prepare for settlement talks

Complaint process

The Justice Education Society has made an early resolution guide and videos to help people solve disputes. The videos are:

Things to do to prepare

Think about

Could you bring someone with you to help or support you?
What do you want to talk about? Try to summarize it.
What is important to you?
- Moving on with your life?
- Explaining your side?
- If you are the complainant, an apology? A policy change? Getting your job back?
- Something else?
Would it help to share documents with the other side? If so, bring them with you.
Do you need documents from the other side?
Do you have questions? Contact the Tribunal to talk to a clerk or case manager about your mediation. Have your case number ready. They can answer your question or give the mediator a message.

Learn about “terms of settlement”

If you settle, each party will agree to do or not to do certain things. These agreements are the “terms of settlement”.
Common “terms of settlement” include:

The dispute about this situation is over. The complainant will not pursue other claims against the respondent about it. The legal term is a “release”.
In exchange, the respondent agrees to take certain steps. Steps might include doing something like building a ramp. Or it might include paying money.
After the respondent takes these steps, the complainant will withdraw the complaint. The complainant can use a Form 6. The complaint process ends.
The “terms of settlement” are confidential. Or the parties can agree that the “terms of settlement” can be public.

See the sample agreements.

Learn about compensation

If the complainant seeks compensation, learn about:

Learn about the law of discrimination for this kind of case

For some people, it is important to think about the chance they will win or lose their case. Here are ways to do that:

Get legal advice about the strengths and weaknesses of your case
Read about the legal tests for this kind of case
Read about the leading cases
Search decisions for similar cases

Learn about what might happen at a mediation

Mediation is flexible. Talk to the mediator about what will work for you.

You can be in the same room with the other side, or in your own room.

Usually, a mediator:

hears your story
helps to identify what is important to you
helps the other side understand that
helps you to hear what the other side says
helps you to explore options
if you agree, helps you put an agreement into words

Usually, there is some “back and forth” before the parties agree.

Usually, no one gets a “perfect” solution, but everyone gets a solution they feel is acceptable.

For more information, see What is the mediator’s role?

Learn about options to settlement

For some people, it is important to think about what could happen if they don’t settle. Read about the steps in the process if you don’t settle.

Don’t

Don’t assume the other party is not willing to consider resolving the complaint.
Don’t assume that you have all the information, or the only view, about what happened.
Don’t agree to attend if you are sure your view is correct and you are not prepared to settle.