Mediations and settlement conferences give the parties an opportunity to directly discuss the complaint and to develop mutually satisfactory solutions.
These processes are based on the staffing values set out in the preamble of the Public Service Employment Act, namely respect for employees, effective dialogue, and recourse aimed at resolving appointment issues.
Similarities
- Both are confidential processes in the presence of an impartial third party;
- The goal is to come to a resolution and obtain a withdrawal of complaint;
- The decision to settle and the content of the Terms of Settlement belong to the parties.
Differences
| Mediation |
Settlement Conference |
- A voluntary process proposed by the Tribunal;
- An interest-based facilitative process;
- Conducted by a mediator, a Tribunal employee.
|
- A mandatory process controlled by the Tribunal;
- A rights-based evaluative process;
- Chaired by a Tribunal member.
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