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Tribunal - General

The Pre-hearing Process

The Hearing


Technical Guidelines

Tribunal Services


Authority for and Purposes of Mediation

Section 130 of the Workplace Safety and Insurance Act, 1997 (the Act) allows the Tribunal to “provide mediation services in such circumstances as it considers appropriate.”

The aim of mediation is to explore ways of resolving appeals at the Tribunal without holding full oral hearings. Mediation can also shorten Tribunal hearings by resolving some issues prior to the hearing or by creating agreed statements of fact.

Cases Suitable for Mediation

Mediation is only available if there are two opposing parties and both parties are participating in the appeal at the Tribunal.

Cases will qualify only if all parties and representatives consent to mediation.

The Tribunal must also agree that the issue(s) are suitable for mediation.

Generally, complex or novel appeals or appeals where credibility is an issue are not suitable for mediation.

The Mediation Process

The usual steps in the mediation process are:

(a) The appellant or respondent asks that the appeal be dealt with by mediation. The appellant or respondent must ask for mediation before a hearing is scheduled for the appeal.

(b) The Tribunal agrees that the issue(s) are suitable for the mediation process. If the appeal is not suitable, the case will be referred to a hearing.

(c) In certain circumstances, the Tribunal may notice that mediation may be suitable. The Tribunal may ask parties if they want to participate in mediation.

(d) Both parties must agree to participate in the mediation process. If a party does not agree to participate in mediation, the case will be referred to a hearing.

(e) All parties sign a consent form at the mediation, agreeing to participate in the mediation process.

(f) Specially trained Tribunal staff known as mediators will help the parties to settle or clarify issues. Mediators will use techniques such as mediation, negotiation and neutral evaluation to try to resolve the appeal. The mediators may:

(g) If an agreement is reached between the parties, a Vice-Chair will review it. If the Vice-Chair is satisfied with the recommendation, they will release a decision incorporating the settlement. All agreements must be consistent with the Act and Board policy. If a Vice-Chair is not satisfied with the recommendation, the case will be referred to a hearing before a different Vice-Chair and the recommendation will not be included in the case materials. Decisions of the Vice-Chair are final and binding decisions of the Tribunal.

(h) A hearing may still occur if:

Confidentiality and Mediation

The mediation process is confidential. This means that:

There are some exceptions to the confidentiality rule. The confidentiality rule does not apply to:

Cooperation in Mediation

All parties and their representatives are expected to cooperate fully with the mediator. Full cooperation means:

If a party does not cooperate, the mediator has the authority to:

Related Documents:

Practice Direction: Mediation
Other: Workplace Safety and Insurance Act, section 130

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