CANADIAN HUMAN RIGHTS COMMISSION
The Canadian Human Rights Commission What ADR services does the A settlement monitoring officer with expertise What happens if a party does
deals with allegations of discrimination Commission provide? in ADR and human rights monitors the not live up to a settlement?
against federally regulated employers, settlement. The officer may work closely with
unions and service providers. When possible, The Commission offers a range of ADR services, the mediator or conciliator who helped the In the Commission’s experience, most
the Commission encourages parties to try to both before and after a formal complaint has parties reach the agreement in the first place. settlements are implemented without any
Settlement resolve such allegations though alternative
dispute resolution (ADR). The Commission
been filed. These services include the following:
How does settlement
problem. And when there are disagreements
about the implementation of a settlement, the
• early resolution and preventive mediation
Monitoring can help parties resolve disputes informally,
as soon as they are brought to its attention,
before the Commission receives a
parties usually resolve them quickly. However,
if the settlement monitoring officer and the
original mediator or conciliator cannot resolve
or after a formal complaint has been filed. • As soon as the Commission approves the
If the parties cannot resolve the matter • mediation after the Commission receives a settlement, it refers it to the settlement a disagreement, the matter can be brought to
themselves, the Commission may investigate complaint but before it has investigated it; and monitoring officer. the Federal Court for enforcement.
the allegations and ask the Canadian Human • conciliation after the Commission completes • The officer then contacts the parties to
Rights Tribunal to hold hearings. an investigation and the commissioners make sure they act on each term of the
have reviewed the findings. settlement as they agreed to.
• If parties are slow to implement a term of
What is alternative What happens when the settlement, or if they disagree about the
dispute resolution? parties reach a settlement? meaning of a term, the officer discusses
the situation with them and tries to negotiate
“Alternative dispute resolution” refers to a In most cases, the parties will prepare a written an acceptable arrangement. FuRtHeR
wide range of processes designed to help agreement that outlines what each party has inFoRMAtion
• In some cases, if the parties cannot resolve
parties discuss and resolve their problems. ADR agreed to do to resolve the matter. The parties
a disagreement, the officer may invite them For information on all aspects of the dispute
includes informal and formal processes, such as can submit the agreement to the commissioners
to meet again with the original mediator resolution process, please visit the Commission’s
mediation and conciliation. Increasingly, courts, for approval. The commissioners then review the
or conciliator. website at www.chrc-ccdp.gc.ca, or contact
tribunals and other organizations use these agreement to ensure it is fair and in the public
interest—that is, to ensure the agreement is the following.
processes to help resolve a variety of disputes.
appropriate from a human rights perspective. The Commission’s regional offices:
NADIENNE DES DROITS DE LA PERSONNE
Once the Commission approves a settlement, Halifax, Montréal, Toronto, Edmonton and
the parties must meet their commitments. Vancouver, toll free, at 1-800-999-6899.
The Commission monitors the way parties The Commission’s national office:
implement the settlement, so that it can provide 344 Slater Street, 8th floor
assistance when necessary in order to meet Ottawa, Ontario K1A 1E1
AN HUMAN RIGHTS COMMISSION the terms of the agreement. Telephone: (613) 995-1151
Toll free: 1-888-214-1090; TTY: 1-888-643-3304.
This document is available in alternative formats on request.
978-0-662-48283-3 April 2008