Mediation is often the fastest route to resolution in a human rights complaint. Here is how it works in Alberta, and what to consider before agreeing to participate.

What Is Mediation?

In the context of Alberta human rights complaints, mediation is a structured, voluntary process where a neutral third party — typically a Commission-appointed mediator — facilitates a conversation between the complainant and respondent. The goal is to reach a mutually acceptable resolution without proceeding to a formal investigation or tribunal hearing.

Mediation is confidential. What is said in mediation generally cannot be used in later proceedings if the process does not result in a resolution.

Is It Voluntary?

Yes. Both parties must agree to participate. You cannot be forced into mediation, and declining mediation does not negatively affect your complaint. However, if mediation is offered and you decline without reason, it may be noted in the process.

What Can Be Resolved Through Mediation?

Mediated agreements can include a wide range of remedies, depending on what both parties are willing to accept:

• Financial compensation for lost wages or general damages
• A written or verbal apology
• Changes to workplace policies or practices
• Reinstatement to a position
• A non-disclosure agreement (though see our post on NDA myths for important context)
• Training requirements for the respondent

The Pros of Mediation

• Speed. Mediation can resolve a complaint in weeks or months, compared to years through investigation and tribunal.
• Control. Both parties shape the outcome rather than having a decision imposed on them.
• Privacy. Mediation is confidential, unlike tribunal hearings which are public.
• Flexibility. The range of possible remedies is broader than what a tribunal can order.

The Risks of Mediation

• You may settle for less than you deserve if you are not well-prepared or supported.
• Power imbalances between the parties can affect outcomes, particularly when one side has legal counsel and the other does not.
• Agreeing to a settlement typically ends your right to pursue the matter further through the Commission or tribunal.

Should You Agree to Mediation?

It depends on what you want and what you believe you can achieve. If accountability, public record, or setting a precedent matters to you, a tribunal hearing may be preferable — even if it takes longer. If a faster, private resolution is the priority, mediation may be the right choice.

What matters most is that you go in informed. Do not agree to mediation under pressure or without understanding what you are signing.

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If you have been offered mediation and are not sure whether to accept, we can help you think it through. Tell Us Your Truth.