Human Resources Legislative Update
Employers Take Note: Human Rights Tribunal of Ontario Launches Mandatory Mediation Process Effective June 1, 2025
Date: May 28, 2025
The Human Rights Tribunal of Ontario (HRTO) will implement a significant procedural change that will impact how human rights disputes are resolved in the province. The HRTO has announced the launch of a mandatory mediation process for all applications filed on or after June 1, 2025. Applications filed with the HRTO prior to June 1, 2025 will continue to have mediation scheduled only where the parties have agreed to participate.
Key Changes at a Glance
To implement this change, the HRTO is updating its Rules of Procedure by introducing a revised Rule 15 to replace the previous version.
The process is expected to unfold as follows:
- Applications will first undergo a preliminary jurisdictional review to confirm the matter falls within the HRTO’s mandate.
- The HRTO will schedule mandatory mediation, and attendance will be required when directed by the tribunal.
- Accommodation exemptions will be available based on exceptional circumstances only.
- Following mediation, parties must either submit a Form 25 (Confirmation of Settlement) within a reasonable timeline or confirm their intention to proceed with the application.
- If neither step is taken by the deadline, the application may be administratively closed without further notice to the parties.
- If mediation is unsuccessful, the matter will proceed directly to a hearing with disclosure timelines tied to the mediation date.
It is notable that the revised Rule 15 will also include the HRTO’s ability to dismiss the application if an Applicant fails to attend mediation or in the case of a Respondent, the application may proceed without further notice of the proceedings, or without the entitlement to participate further. The HRTO retains the power to take any other action it deems appropriate to remedy the failure to attend.
Rationale Behind the Change to Mandatory Mediation
The HRTO’s communications on the change anticipate that the mandatory mediation system will improve efficiency and access to justice by enabling parties to obtain resolution earlier in the process.
It is unlikely that engaging in private mediation will satisfy the mandatory mediation requirement. It is anticipated that all mediation must be conducted through the HRTO’s processes with HRTO mediators unless an early private mediation is successful and results in the application being closed via the filing of a Form 25 or Form 9 Withdrawal.
Looking Ahead
The HRTO is expected to publish the finalized rules, practice directions, and website content with respect to the new mandatory mediation process on June 1.
Furthermore, the HRTO will be updating its processes for managing adjournments, rescheduling and extension requests on June 1 (which will require the use of the formal Form 10 process). On June 1, 2025, the Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments will be replaced by a new Practice Direction on Rescheduling and Adjournment Requests and a Practice Direction on Extension Requests. These new Practice Directions will apply to all applications filed at the HRTO, including previously filed applications.
The HRTO will also be updating the following forms:
- Form 1 (Application), Form 1G (Application), Form 2 (Response), Form 10 (Request for an Order During Proceedings), Form 11 (Response to a Request for an Order), Form 25 (Confirmation of Settlement), and the Confidentiality Agreement.
- The Application and Response forms will remove references to voluntary mediation, while the Confirmation of Settlement form will incorporate the new mandatory mediation requirements.
- Effective June 15, 2025, the HRTO will no longer accept the previous versions of Form 1, Form 1G, and Form 2.
Implications for Employers
Employers must adapt their approach to human rights matters given that mediation will now be a mandatory step in every case. Early case preparation becomes essential, as disclosure timelines will be tied to mediation dates rather than hearing dates.
Moreover, while mandatory mediation may reduce overall legal costs by enabling earlier resolution and avoiding lengthy hearings in some cases, employers should budget for mediation preparation and attendance as a standard component of any human rights matter.
For specific guidance on how these changes may affect your organization or matter, please contact Lauri A. Reesor or your regular Hicks Morley lawyer.
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