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									plainant and the PEO member are unable to resolve         choose the same mediator, PEO will contact the             PEO schedules the mediation for one full day on an
the issues through mediation, the mediator will not       mediator to discuss availability and suitability. Pro-     acceptable date to both parties and the mediator.
                                                                                                                                                                              Professional Engineers
be called as a witness, or have his or her notes intro-   vided PEO is satisfied the mediator is available           The mediation generally takes place within 60 days       Ontario
duced at any other proceeding.                            within a reasonable timeframe and there is no con-         of the date on which the PEO member consented to
                                                          flict of interest, PEO will retain the mediator to         participate in the mediation process.
However, the mediator may disclose to PEO any
                                                          mediate the case. If the mediator is not available, or
information disclosed during the mediation that the                                                                  PEO receives a copy of any agreement concluded
                                                          if there is a conflict of interest, PEO will contact one
mediator believes raises or might raise a concern
about the public interest. The mediator may adjourn
                                                          of the other mediators. If the parties select different
                                                                                                                     through the mediation process.
                                                                                                                                                                              A LT E R N AT I V E
                                                          mediators, PEO will decide which mediator to
the mediation to advise PEO of information that
might give rise to a public interest concern and to
                                                          retain, based on his or her availability and no con-
                                                                                                                     Complainant’s right to pursue a formal
                                                                                                                     complaint
                                                                                                                                                                              DISPUTE
                                                          flict of interest.
obtain guidance on whether the case should be
removed from the ADR process.                             In locations where there is only one roster mediator
                                                                                                                     A decision to participate in PEO’s ADR process does
                                                                                                                     not compromise a complainant’s right to pursue a
                                                                                                                                                                              RESOLUTION
                                                          available, PEO asks the complainant and the PEO            formal complaint. PEO simply freezes the time limits
Selecting mediators                                       member to accept that mediator, or to agree jointly        imposed in the complaint process from the date the
                                                                                                                                                                              FOR
PEO has compiled a roster of experienced mediators
who have agreed to mediate disputes between mem-
                                                          to select another local mediator who agrees to be
                                                          bound by PEO’s process.
                                                                                                                     complainant indicates a desire to participate in the
                                                                                                                     mediation (by completing the Request to Mediate
                                                                                                                                                                              COMPLAINTS
bers of the public and PEO licence holders, grouped                                                                  form) until the mediation is over, or the process is
                                                          If the complainant and the PEO member agree on a
according to geographical area. PEO will ask the                                                                     abandoned by either party or cancelled by PEO.
                                                          mediator not on the roster of mediators, and the
complainant to review the list of mediators in his or                                                                                                                         A PUBLIC
                                                          mediator agrees to be bound by PEO’s process, they
her geographical area.
                                                          may use that mediator.                                     Need more information?
                                                                                                                                                                              INFORMATION
In areas where there are more than three roster medi-                                                                If you have questions about the information in this
                                                          PEO pays all mediator fees and expenses.
ators available, the complainant selects three                                                                       public information guide, or if you require more
                                                                                                                                                                              GUIDE
mediators from the roster. The PEO member then                                                                       information about PEO’s Alternative Dispute Resolution
                                                          Representation
receives the list of three mediators and ranks them.                                                                 (ADR) process, please contact the Deputy Registrar,
                                                          Although representation is not required, because
PEO will contact the first ranked mediator to discuss                                                                Regulatory Compliance at 416-840-1076 or
                                                          mediation is to be less formal, both the com-
availability and suitability. Provided PEO is satisfied                                                              1-800-339-3716, ext. 1076.
                                                          plainant and PEO member may have lawyers
the mediator is available within a reasonable time-
                                                          present during the mediation. Other people may
frame and there is no conflict of interest, PEO will
                                                          also be present for the mediation, provided the par-
retain the mediator to mediate the case. If the media-
                                                          ties and the mediator consent.
tor is not available, or if there is a conflict of
interest, PEO will contact the next ranked mediator.
                                                          Mediation
In locations where there are only two or three roster     Once a mediator is selected, he or she receives a copy
mediators, PEO will ask the complainant and the           of the completed Request for Mediation, as well as
                                                                                                                                                                              Published by Association of Professional
PEO member separately to advise PEO of their pref-        the PEO member’s Response to the Request for
                                                                                                                                                                              Engineers of Ontario
erences regarding the mediators. If both parties          Mediation and any reply.
                                                                                                                                                                              2010
What is Professional Engineers                             If you have a question about the professional practice      and resolve. The parties in turn develop and            If the PEO member agrees to participate, he or she
Ontario?                                                   or conduct of a licence or C of A holder, you should        explore options for resolution. If any option makes     will have 15 days to complete a Response to Request
                                                           contact PEO.                                                sense for both parties, they can resolve the dispute.   for Mediation and to provide copies of it to the com-
Like doctors and lawyers, engineers are licensed pro-
                                                                                                                       The parties, not the mediator, decide what is           plainant and to PEO. In the Response to Request for
fessionals. Professional engineers practise in industry,
                                                                                                                       acceptable to each of them and whether they can         Mediation, the PEO member must respond to all
government, education and private practice. In
                                                           How does PEO handle complaints?                             reach an agreement.                                     issues raised in the Request for Mediation and iden-
Ontario, there are almost 67,000 licensed professional
                                                                                                                                                                               tify any additional issues he or she might wish to
engineers, working as designers, administrators, proj-     First, PEO assesses the situation. Where incompetence       PEO pays the mediator’s fees, although the parties
                                                                                                                                                                               address during the mediation.
ect managers, consultants and in many other jobs, in       is alleged or there are issues of public safety, or where   help select the mediator.
such industries as manufacturing, utilities, construc-     the situation has resulted in serious injury, death, or a                                                           On receipt of the PEO member’s Response to Request
tion and transportation.                                   major structural failure, PEO investigates the matter,      Request for mediation                                   for Mediation, the complainant will have 15 days to
                                                           which may proceed through the formal complaints and         Initially, PEO screens complaints to ascertain          reply, if desired. The reply should be limited to
Under authority of the Professional Engineers Act,
                                                           discipline processes.                                       whether the issues are appropriate to mediate, and      responding to new issues raised by the PEO member
Professional Engineers Ontario (PEO) licenses practi-
                                                                                                                       monitors the case as the ADR proceeds to deter-         in the member’s response. In most cases, the reply will
tioners, maintains professional standards                  Where the issues raised involve ethics, contractual
                                                                                                                       mine the appropriateness of continuing. PEO             be brief (if required at all), since the original Request
and is responsible for a Code of Ethics that governs       matters or professionalism, PEO offers those involved
                                                                                                                       reserves the right to remove any case from the ADR      for Mediation should have raised all of the issues.
practitioners in their relations with the public,          an opportunity to try to resolve the issues through an
                                                                                                                       process at any time if it appears to PEO to be in
employers and other practitioners. PEO also disci-         alternative dispute resolution (ADR) process.                                                                       Again, PEO has the right to review the Response to
                                                                                                                       the public interest to do so.
plines practitioners found guilty of professional                                                                                                                              Request for Mediation and the reply, if any, to deter-
misconduct or incompetence.                                                                                            If PEO considers a complaint suitable for ADR,          mine whether, in PEO’s view, any of the issues raised
                                                                                                                       the complainant will be required to complete and        indicate the case should be taken out of the ADR
With few exceptions, anyone practising professional        How does PEO’s alternative dispute
                                                                                                                       forward to PEO a Request for Mediation form that        process.
engineering in Ontario must be licensed by PEO.            resolution (ADR) process work?
                                                                                                                       outlines the issues and concerns regarding the con-
Only those who hold a professional engineer
                                                           PEO’s ADR process involves voluntary mediation              duct of the PEO member. PEO will review the             Agreement to Mediate
licence may use the title “P.Eng.”, although PEO
                                                           to provide the parties to a dispute an opportunity          completed Request for Mediation to determine that       Before starting the mediation, the complainant and
grants temporary, provisional and limited licences,
                                                           to resolve the issues effectively and efficiently.          it raises no additional issues to indicate the case     the PEO member must sign an Agreement to Medi-
too. Individuals or firms in the business of offering
                                                                                                                       should not be mediated.                                 ate, which sets out the terms and conditions under
or providing engineering services directly to the          The parties to the mediation (the complainant and
                                                                                                                                                                               which the mediation will be conducted.
public must hold a Certificate of Authorization            the PEO licence or C of A holder) meet with a medi-         If PEO is satisfied the case is appropriate for medi-
(C of A), also granted by PEO. PEO may enforce             ator to discuss the dispute. The mediator is a neutral      ation, PEO will forward a copy of the Request for
                                                                                                                                                                               Confidential/without prejudice
these licensure and C of A requirements through            person, responsible for ensuring the process is fair        Mediation, along with written information about
                                                                                                                                                                               Participation in PEO’s ADR process is confidential
the courts, if necessary.                                  and for helping the parties determine whether there         PEO’s ADR process, to the PEO member. The
                                                                                                                                                                               and without prejudice to either party. That is, the
                                                           is an opportunity to resolve the issues in a mutually       PEO member will have 10 days from the date on
Through licensing, PEO ensures only properly quali-                                                                                                                            Agreement to Mediate confirms that everything said
                                                           satisfactory way.                                           which the member received the Request for Media-
fied individuals are entitled to practise engineering,                                                                                                                         during the mediation is confidential and documents
                                                                                                                       tion to advise PEO whether he or she wants to
or lead others to believe they are entitled to practise.   Most mediations begin with each party providing                                                                     shared during the mediation cannot be disclosed to
                                                                                                                       participate in the mediation process.
Through its complaints and discipline processes,           his or her perspective on what gave rise to the dis-                                                                anyone outside of the mediation, unless that person
PEO maintains the profession’s high standards of           pute. The mediator then works with the parties to           The matter proceeds to mediation only if both par-      would otherwise be entitled to the documents. The
professional practice and ethics.                          determine what issues the parties should discuss            ties agree to participate.                              Agreement to Mediate also stipulates that if the com-

								
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