In most cases, the Tribunal Member who conducts your mediation does not go on to hear your case. This allows you to speak freely at the mediation. It also helps you to know that a new Tribunal Member will hear your case if you do not resolve it.
There are other options too :
- Even if you started preparing your case for a hearing, you can also agree to mediation-adjudication with the Tribunal Member assigned to hear your case. This means that the Tribunal Member assigned to hear your case will work with the parties to try and resolve the complaint. The parties must agree that they will not ask the Tribunal Member to recuse themselves if they do not resolve the complaint in mediation. If the complaint does not resolve or only part of it settles, the Tribunal Member will go on to hear the case but will base their decision only on the evidence and arguments the parties make in the hearing.
- The Tribunal Member who conducted the mediation could go on to hear the case if all the parties agree. Outside mediators cannot do that because they are not Tribunal Members. Only Tribunal Members appointed under the Canadian Human Rights Act can hear and decide cases.