Mediation refers to a range of techniques used to resolve disputes with the assistance of a neutral third-party – the mediator. A mediator can help disputants achieve a mutually acceptable solution to the identified issues or concerns.
The use of mediation as a tool to resolve issues is dependent on both the proponent and interested parties being willing to enter into a mediated process.
The mediator cannot impose a settlement; rather it is the disputants who must agree to the solution. In an environmental assessment (EA) process, mediation is a voluntary dispute resolution process that can happen at any time.
When properly approached, mediation can strengthen a proponent's public consultation process, increase trust and accountability among participants, and speed up an EA process.
In Ontario, mediation may be either self-directed or referred.
Self-directed mediation
Self-directed mediation means it can be done voluntarily at any time during an EA process. Typically, the ministry does not get involved but can provide information about obtaining a mediator. The Minister will consider the results of self-directed mediation when making a decision.
Referred mediation
There may be times when the Minister refers matters to mediation prior to making a decision on a term of reference, EA, class EA, or Part II Order.
The Director of the Environmental Approvals Branch may also refer matters to mediation prior to making a decision on an elevation request.
The disputants may agree on a mediator or the Minister may select a mediator such as members of the Environmental Review Tribunal.
The Minister must consider the mediator’s report, which will be available to the public.
The mediation process must be completed within 60 days unless the Minister extends the timeline.
