Mandatory Mediation at the HRTO: A Timely and Valuable Step Forward

As of June 1, 2025, the Human Rights Tribunal of Ontario (HRTO) has introduced mandatory mediation for most active applications. This policy shift marks a significant moment in the Tribunal’s approach to dispute resolution—and, in my view, a welcome one.

Mediation has long been available at the HRTO, but participation was previously voluntary. Under the new framework, parties are generally expected to engage in mediation before proceeding to a hearing, unless an exemption is granted. This change reflects what many of us who practise in this space have long understood: that mediation offers a meaningful opportunity to resolve disputes early, constructively, and with greater flexibility than a formal hearing process allows.

As both a lawyer and a mediator, I see the value of this process from multiple angles. From a legal standpoint, mediation can reduce the time, cost, and emotional toll associated with litigation. Hearings (especially in complex or emotionally charged matters) can be lengthy, unpredictable, and adversarial. Mediation, by contrast, allows parties to speak more freely, explore creative solutions, and reach outcomes that reflect their real-world needs and priorities.

From a mediator’s lens, I also recognize that human rights disputes are rarely just about legal issues. They often involve deeply personal experiences, identity, dignity, and a desire for acknowledgment. Mediation creates space for these concerns to be heard and validated which can sometimes be more difficult to achieve in a more formal process.

Importantly, mandatory mediation doesn’t mean forced agreement. Parties retain control over the outcome, and no one is required to settle. What it does mean is that everyone will now have a structured opportunity to participate in a facilitated conversation, guided by a neutral third party, with the chance to resolve matters on their own terms. Even where resolution isn’t reached, mediation can help narrow the issues, clarify expectations, and make the hearing process more efficient.

For applicants and respondents alike, the shift to mandatory mediation is a reminder of the importance of preparation and mindset. It’s not just about defending a position—it’s about engaging in a process that may offer resolution, clarity, and closure. As counsel, my role is to support clients through that process with strategic advice, grounded representation, and a genuine commitment to their goals—whether that means settlement, a hearing, or something in between.

At Dover Legal, we take mediation seriously because we know it works. Whether you're navigating a human rights complaint, responding to a regulatory investigation, or seeking early resolution to a workplace dispute, mediation offers a powerful tool to move forward with dignity and direction.

If you’re involved in an HRTO application or facing a new complaint, I’d be happy to discuss how we can support you through the process, including preparation for mandatory mediation - connect with us today.