Employment Litigation and Mediation
Individuals involved in Employment Litigation are subject to the Court rules and guidelines established by the Province. In Toronto, such matters are not permitted to go directly to Trial for a Judge to render a decision, but must first go through a Mandatory Mediation session.
Mediation is where all parties and their Lawyers meet with a Mediator, who is an independent third party, in an attempt to reach an agreement. The Mediator does not rule on the situation, but rather provides assistance to help the parties find common ground in relation to their employment matter.
Though many may believe that their employment matter cannot be resolved through Mediation, it must be realized that less then 2% of all cases go to Trial. The rest are either settled before, at, or after Mediation. Therefore, proceeding to Court is not a likelihood and only a possibility, as an agreement will likely be reached prior to Trial.
The Mandatory Mediation requirement exists for three main reasons, two of which directly benefit the parties involved:
- The dispute takes less time to resolve by allowing an agreement to be reached ahead of time;
- Legal fees are lower, which permits more individuals to be able to afford legal proceedings; and,
- There is less strain is on our Court system, reducing the backlog and allowing cases to proceed to Trial with less delay.
For recent court decisions in this area, see our blog.