As of June 1, 2025, mediation is mandatory for all new applications filed with the Human Rights Tribunal of Ontario (“HRTO”).

Previously, mediation at the HRTO was voluntary and occurred only where both parties agreed to participate. With the new amendments to the HRTO’s Rules of Procedure, the HRTO will now schedule mediation in every application filed on or after June 1, 2025, and attendance is mandatory for all parties unless the Tribunal grants an exemption in exceptional circumstances.

How Mandatory Mediation Works

Under the new rules, every application filed on or after June 1, 2025 will automatically be scheduled for mediation following a preliminary jurisdictional review. The Tribunal will assign a mediation date, and all parties directed to attend must do so.

Mediation must be conducted through the HRTO unless the matter is privately resolved beforehand, and the application is either formally withdrawn or closed. Private mediation alone will not satisfy the mandatory mediation requirement unless it results in the formal termination of the application.

Failure to participate in mediation may lead to serious consequences If an applicant fails to attend, the application may be dismissed. If a respondent fails to attend, the Tribunal may proceed in their absence, deny them further participation rights, and take any other steps it deems appropriate.

Within 14 days after mediation, the parties must either file a Form 25 (Confirmation of Settlement) or confirm their intention to proceed with the application. If neither step is taken, the Tribunal may administratively close the application without further notice.  The application may then be reopened by written request within 30 days of the closure notice.

Exemptions to mandatory mediation may be granted only in exceptional circumstances. Requests must be submitted using Form 10 at least 7 days before the scheduled mediation, with supporting reasons and notice to the other parties.

Key Takeaways for Employers

1. Early Case Preparation is Critical: With mediation scheduled early in the process, employers should assess the application, gather relevant documents, and consult legal counsel as soon as they are served. Early preparation is key to a productive mediation and effective risk management.
2. Be Ready to Engage in Settlement Discussions: Mandatory mediation increases the opportunity—and pressure—for early resolution. Employers should come prepared with clear settlement parameters, defined objectives, and appropriate authority to settle. Early resolution can help limit reputational risk, reduce costs, and minimize workplace disruption.
3. Exemptions Will be Rare: Exemptions from mandatory mediation require exceptional circumstances. General concerns, such as believing the mediation will be ineffective, will typically not suffice. Exemptions require a compelling justification submitted via Form 10 at least 7 days before the mediation.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.