Dispute Resolution
If you believe you have been discriminated against you can contact the Human Rights Commission and speak to a Human Rights Officer. However, before you file a formal complaint, you may want to consider early resolution.
Options for Settling a Complaint
Before you file a formal complaint, you may want to consider settlement initiatives. A settlement initiative can include a facilitated discussion with the help of a staff member or a formal mediation with a roster mediator. A settlement initiative can be used both before you file a formal complaint and at any time during the complaint process. This option is voluntary and works best when:
- the relationship is important to both parties
- both parties want a measure of control over the outcome
- neither party wants investigation or litigation
- speed is important
- both parties need the opportunity to be heard in a non-threatening environment with a neutral third party present
- the parties have the authority to settle the matter
Mediation
Mediation is a practical way to help both sides to a complaint understand the other's point of view and work towards a mutually agreeable settlement. With the help of a mediator, each party tells their story and discusses issues that come up. Suggestions the parties bring to the mediation for settling the complaint and suggestions made during the meeting are discussed. Anyone can call for a break during a settlement meeting, to allow time to consider the issues and possible solutions. When an agreement is reached, a written document is produced for the parties to sign. This settlement agreement is a legally binding document.
Advantages of Mediation
- can resolve complaints more quickly than a formal and often lengthy investigation process
- allows people to be directly involved in the process by talking about the actions that led to the complaint and the issues surrounding them
- can bring about a better understanding of the conflict between the parties, even if they do not agree on exactly what happened
- less adversarial than the investigation process and promotes respect and compromise
- allows people to find their own solutions that are fair to all sides, rather than having someone else decide for them
- information from a mediation is kept confidential if it affects the privacy of either party, whereas information from a Human Rights Board of Inquiry hearing is made public
The Mediators
Mediators are professionals who have received training through a recognized mediation program. The role and conduct of the mediator must comply with the Nova Scotia Human Rights Commission Code of Conduct for Mediators (adapted from the Nova Scotia Barristers' Society Civil Mediation Roster Model Code of Conduct, June 2003).
We select a mediator based on expertise and availability. The mediator must be acceptable to all parties to the mediation. For a description of the backgrounds and experience of the mediators view the Profiles of Roster Mediators.
Settling through Mediation
About 80 per cent of complaints are resolved with a fair settlement agreement. Parties are free to settle with whatever terms they are able to agree upon. A settlement may include many different terms, such as:
- an apology
- a positive letter of reference from an employer
- financial compensation for lost wages, out-of-pocket expenses such as medical bills, or to compensate for humiliation or loss of dignity (general damages)
- sensitivity training for staff in an organization
- the development of anti-discrimination policies
If an agreement is not reached, the complaint process will resume.
Mediation Cost
The commission will cover the cost of the mediator selected from our list of eligible mediators. If parties decide to select their own mediator, they must cover the cost themselves. Mediation usually takes about six hours, with meetings held in one day.
For more information on the mediation process view A guide to Mediation, One option for settling complaints.