Preparing for mandatory HRTO mediation

For HRTO applications filed on or after June 1, 2025, mediation is generally mandatory, subject to the tribunal's stated exceptions. Participation does not require you to accept a settlement. The mediator helps the parties explore an agreement rather than deciding the merits at that meeting.

Prepare a concise account of the dispute, the strongest supporting records, and realistic settlement priorities. Consider practical terms as well as money, such as policy changes, accommodation arrangements, or references where appropriate. Understand who can authorize a settlement and what a release would cover. Read the tribunal's scheduling and attendance directions carefully. A prepared participant can assess proposals more effectively while recognizing the legal and evidentiary risks of proceeding to a hearing.

Identify your priorities before the session and distinguish essential terms from preferences. Prepare an explanation of the impact alleged or the response to it, supported by the key records. Consider the risks, time, costs, and uncertainty of a hearing alongside the possible remedies. For an organization, confirm who can approve payment, policy changes, or an ongoing accommodation. A person attending without authority to address realistic terms may be unable to make effective use of the discussion.

Read proposed settlement wording carefully, including the release, payment dates, confidentiality provisions, and steps to end the application. Practical terms should say who will do what and by when. If an interpreter or accommodation is needed, arrange it through the appropriate process well before the session. Mediation permits informed negotiation; it does not require accepting an unclear agreement or a number that has not been assessed. If the case does not settle, retain the tribunal's next directions and continue preparing within the applicable rules.

Sources

• HRTO mandatory mediation practice direction

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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.