Customized Mediation -
Voluntary, Informed, Evaluative if the Parties Wish and After Full Disclosure -
Access to Justice
As Former Chairperson, Canadian Human Rights Tribunal, Ms. Chotalia, in consultation with Canadians, customized the Tribunal’s complaint resolution process: in addition to to include a broad range of mediation styles and methods to suit the needs and wishes of the particular parties and particular issues of a given case. Mediation can range from purely interest based right through to evaluative/case assessment component. As well, mediation is useful right from the referral stage of a complaint right into the hearing stage in certain cases.
Experienced & Proven Results - 94% Satisfaction of parties in voluntary Customized Mediation implemented by Ms. Chotalia at Canadian Human Rights Tribunal as Chairperson (2009-2012) - see Annual Report 2011. Ms. Chotalia cleared the backlog and New Cases 80% were resolved within 1 year using new access to justice model ( faster.fairer, & cheaper) (DPR 2010-2011). 70%-80% of complaints were Voluntarily Resolved by the parties using Ms. Chotalia's New Restorative Justice Process designed to provide the parties emotional Closure with less legal costs (cost savings to CHRT & justice system & taxpayers).
Ms. Chotalia's advocates "Emotional Closure - Reduced Legal Costs". She works with Employers, Unions, Individuals
See Ms. Chotalia as Distinguished Faculty Speaker video taped by the Manitoba Law School: Access to Justice Presentation.
"The Tribunal offers mediation at various steps of the process. The first is an early mediation that takes place at the beginning of the process. During an early mediation, the Tribunal Member may evaluate the relative strengths and weaknesses of the positions advanced by the parties and may provide the parties with a non-binding opinion as to the probable outcome of the inquiry. This case assessment is added to the existing interest-based model of evaluation.
The Tribunal continues to respect the underlying needs of the parties by encouraging a broader range of solutions or resolutions to address their underlying interests. The Member conducting the mediation is respectful of the unique requirements of each case. The Member seeks to provide the parties with an opportunity to be “heard” (i.e. adjudicative closure without a full and costly adjudication). Then, as appropriate, either in a full session or in private caucus, the Member offers evaluative instruction aimed at giving the parties a realistic assessment of the possible outcomes of the case. This is done within the confines of a
confidential and supportive environment for the parties, including unrepresented complainants....
If the mediation does not result in settlement, with the consent of the parties, the Member may help the parties to reduce the issues to be litigated in the hearing. In addition, the parties can elect to utilize mediation at any time before, and even during, the hearing."
Annual Report, CHRT 2011
“Evaluative mediation should be used as early as possible to achieve settlement.”
Ian Holloway, Q.C., Professor and Dean of Law, University of Western Ontario
(Currently Dean, University of Calgary)
"... a case-by-case approach....understanding the strengths and weaknesses of their case. When this leads to settlement, it is an informed settlement. The parties participated in the decision-making and, therefore, are empowered and satisfied with the decision. This is access to justice. This philosophy already adopted by Courts, which is oriented towards conflict resolution, does not undermine the importance of Courts’ and Tribunals’ decisions that set boundaries and elaborate principles of law.”
Michèle Rivet, President, Quebec Human Rights Tribunal (former)
“The evaluative mediation process was integral in assisting the parties in reaching a mediated settlement in such a complicated matter. The parties benefit immensely from hearing an evaluative view of their case before they reach the point-of-no-return in a Tribunal hearing. The process allowed an excellent mix of reviewing the strengths and weaknesses of the parties’ positions while
maintaining a resolution-driven focus. I would highly recommend the process for my clients going forward.”
Nicole Chrolavicius, Barrister & Solicitor, Bakerlaw.ca
See the Enhanced Complaint Resolution Process regarding Mediation and Process Mediation Annual Report, CHRT 2011
See also CHRT Annual Report 2010:
Experienced & Proven Results - 94% Satisfaction of parties in voluntary Customized Mediation implemented by Ms. Chotalia at Canadian Human Rights Tribunal as Chairperson (2009-2012) - see Annual Report 2011. Ms. Chotalia cleared the backlog and New Cases 80% were resolved within 1 year using new access to justice model ( faster.fairer, & cheaper) (DPR 2010-2011). 70%-80% of complaints were Voluntarily Resolved by the parties using Ms. Chotalia's New Restorative Justice Process designed to provide the parties emotional Closure with less legal costs (cost savings to CHRT & justice system & taxpayers).
Ms. Chotalia's advocates "Emotional Closure - Reduced Legal Costs". She works with Employers, Unions, Individuals
See Ms. Chotalia as Distinguished Faculty Speaker video taped by the Manitoba Law School: Access to Justice Presentation.
"The Tribunal offers mediation at various steps of the process. The first is an early mediation that takes place at the beginning of the process. During an early mediation, the Tribunal Member may evaluate the relative strengths and weaknesses of the positions advanced by the parties and may provide the parties with a non-binding opinion as to the probable outcome of the inquiry. This case assessment is added to the existing interest-based model of evaluation.
The Tribunal continues to respect the underlying needs of the parties by encouraging a broader range of solutions or resolutions to address their underlying interests. The Member conducting the mediation is respectful of the unique requirements of each case. The Member seeks to provide the parties with an opportunity to be “heard” (i.e. adjudicative closure without a full and costly adjudication). Then, as appropriate, either in a full session or in private caucus, the Member offers evaluative instruction aimed at giving the parties a realistic assessment of the possible outcomes of the case. This is done within the confines of a
confidential and supportive environment for the parties, including unrepresented complainants....
If the mediation does not result in settlement, with the consent of the parties, the Member may help the parties to reduce the issues to be litigated in the hearing. In addition, the parties can elect to utilize mediation at any time before, and even during, the hearing."
Annual Report, CHRT 2011
“Evaluative mediation should be used as early as possible to achieve settlement.”
Ian Holloway, Q.C., Professor and Dean of Law, University of Western Ontario
(Currently Dean, University of Calgary)
"... a case-by-case approach....understanding the strengths and weaknesses of their case. When this leads to settlement, it is an informed settlement. The parties participated in the decision-making and, therefore, are empowered and satisfied with the decision. This is access to justice. This philosophy already adopted by Courts, which is oriented towards conflict resolution, does not undermine the importance of Courts’ and Tribunals’ decisions that set boundaries and elaborate principles of law.”
Michèle Rivet, President, Quebec Human Rights Tribunal (former)
“The evaluative mediation process was integral in assisting the parties in reaching a mediated settlement in such a complicated matter. The parties benefit immensely from hearing an evaluative view of their case before they reach the point-of-no-return in a Tribunal hearing. The process allowed an excellent mix of reviewing the strengths and weaknesses of the parties’ positions while
maintaining a resolution-driven focus. I would highly recommend the process for my clients going forward.”
Nicole Chrolavicius, Barrister & Solicitor, Bakerlaw.ca
See the Enhanced Complaint Resolution Process regarding Mediation and Process Mediation Annual Report, CHRT 2011
See also CHRT Annual Report 2010:
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