Mediation (with closed captioning)


Descriptive Text Transcript

The video is composed of live action and graphic elements.
[Opening Music Playing]

Background is blurry. Office setting with a visible flag of Canada. In the foreground, top of screen, the Canadian Human Rights Tribunal logo in white and below the video title, “Mediation”, on a turquoise, rectangular shape. 

[music continues]

Establishing shot of woman seated on a couch in a living room. She has long silver coloured hair, wearing glasses and a burgundy sweater. She speaks directly to camera.

[Lisa: Hi, I’m Lisa. When my complaint of discrimination was referred to the Canadian Human Rights Tribunal...]

[music contd.]

Cut to a close-up shot of a woman, seated at a table, with papers, cell phone and computer. She holds the papers in her hands, and reads.  

[Lisa: ...I was given the option to try and resolve the complaint through a confidential mediation first...]

Camera pans up to the woman’s face who continues to read. It is Lisa, dressed in a different outfit to symbolize a different day.

[Lisa: ... Or I could go straight to a public hearing. I chose to start with mediation.]

[music contd.]

Cut back to Lisa seated in living room in present day, speaking directly to camera.

[Lisa: But I didn’t have a lawyer, or anyone to help me, so I wasn’t really sure what would happen during mediation.]

[music contd.]

Cut to a close-up shot of a table, with yellow folder, cell phone and papers in the background and in the foreground, a turquoise box with the following text:
“What happens during mediation?”

[music contd.]

Cut to a medium wide shot of a man dressed in business attire, seated on the edge of desk in an office setting. He speaks directly to camera.

[Paul: Hi, I’m Paul, and I’m a Member of the Canadian Human Rights Tribunal. So you’d like to know more about mediation.]

[music contd.]

Cut to an establishing wide shot of people arriving into a conference room, among them Lisa and Paul. They shake hands and are seated while a woman remains standing, walks to the door and closes it. On the door is a sign that reads:
CHRT - TCDP    
Mediation
Médiation

[Paul: Mediation is a voluntary, confidential, one-day process for resolving a human rights complaint. No one is required to go to mediation. You can go straight to a hearing if you want. But if you choose mediation, all parties must agree to it, for it to happen.]

 

[music contd.]

Cut back to close-up shot of Lisa seated at table with laptop and file folder. She is reviewing a document, and the camera pans down from her face to the document.

[Lisa: Once I agreed to mediation, the Tribunal sent me a letter explaining how to prepare for mediation. I have to admit, some of the terms in the letter were new to me.]

[music contd.]

Cut to a blurred background of the table with yellow folder and papers. In the foreground, turquoise text boxes appear on-screen with text. Lisa’s voice is heard explaining the following text on screen:

MEDIATOR
Independent and impartial
Member of the Tribunal
Assigned to help parties

MEDIATION BRIEF
Short description of complaint
Main arguments
Remedies

[Lisa: For example, a Mediator is an independent and impartial Member of the Tribunal who is assigned to help the parties during mediation. The letter said I needed to write something called a Mediation Brief. This is a short description of the complaint. Usually between one and 10 pages long. I was told it should set out the main arguments of my complaint, and include any remedies I was looking for.]

[music contd.]

Cut to a medium shot of Lisa in living room, present day, speaking to camera.   

[Lisa: In my case, I was asking for $10,000 in pain and suffering, and a change in the company’s policies.]

[music contd.]

Cut to Lisa seated at table near kitchen, with laptop, yellow folder and documents. She finishes reading the document, places it on table and proceeds to write something on the laptop.

[Lisa: Before the mediation session, the parties share their mediation briefs with one another and with the Tribunal.]

[music contd.]

Cut to close-up of a man typing on a keyboard in an office setting. Camera pans up to see the face of the man. He is reading and typing.

[Lisa: Then a Registry Officer schedules the mediation at a neutral location convenient for all parties...]

[music contd.]

Cut to a medium shot of Lisa in living room, present day, speaking to camera.   

[Lisa: …like a hotel, another tribunal...]

[music contd.]

Cut to a close-up shot of the Canadian Human Rights Tribunal signage. The sign is black with white writing.

[Lisa: … or at the Canadian Human Rights Tribunal offices, like in my case.]

[music contd.]

Cut to a medium shot of Lisa in living room, present day, speaking to camera.   

[Lisa: At some locations, just be aware that you might have to show your ID and sign in before you can enter.]

[music contd.]

Cut to a moving shot of Lisa, dressed in a navy suit, walking in a hallway. Signs are posted that read:

CHRT - TCDP
Mediation
Médiation

[Lisa : On the day of the mediation, there were signs posted showing me where to go.]

[music contd.]

Cut to a medium wide shot of the mediation conference room. Paul, the Mediator is seated at the head of the table, Lisa, seat camera right and facing camera, and a gentleman and a woman with their backs to camera seated to the left.

[Lisa: Before your mediation, or even at the very start of it, either party can ask to be in separate rooms for the entire Mediation.]

[music contd.]

Cut to a medium shot of Lisa in living room, present day, speaking to camera.   

[Lisa: For my mediation, we chose to sit in the same room to start, then moved to separate rooms later. ]

[music contd.]

Cut to a close-up of Paul, the Mediator speaking to the group.

[Paul: Good morning, everyone. My name is Paul and I will be your Mediator today.]

While the scene continues with all parties speaking to one another, Paul is heard speaking off camera.

[Paul: My role is to facilitate discussions between the two parties. I don’t judge cases. I`m simply here to help you reach a mutually agreeable settlement. The goal of mediation is for you to persuade the other party, not me, the Mediator.]

[music contd.]

Cut to a blurred background of the parties seated in the mediation room, while we hear Paul’s voice explaining the text appearing on screen.
Independent and impartial Mediator:
cannot impose settlement;
cannot make decisions on admissible or inadmissible evidence;
cannot give legal advice;
cannot advocate for either party.

 

[Paul: Being independent and impartial, means I cannot impose a settlement, cannot make any decisions on admissible or inadmissible evidence, cannot give the parties legal advice, and cannot advocate for either party.]

[music contd.]

Cut to various camera angles of Paul, the Mediator, seated at his desk sorting through a binder while taking notes.

[Paul: I also won’t have access to the documents that were exchanged during the complaint process, so I won’t be aware of all the documents and facts. But, I will have thoroughly reviewed the original Complaint Form and the Mediation Briefs in preparation for your mediation. ]

[music contd.]

Cut to Paul, the Mediator, seated during the mediation session taking notes while listening to the others talking.  

[Paul: Any notes I take will be destroyed at the end of the mediation and cannot be subpoenaed if the case goes to a hearing. As well, I am not a compellable witness in any court or Tribunal proceeding.]

[music contd.]

Cut to Paul, the Mediator, in his office, present day, who speaks directly to camera.

[Paul: In case you don’t reach a settlement, I will not discuss the matter with any person or Member of the Tribunal. The process is entirely confidential.]

[music contd.]

Cut to a wide shot of the group seated during the mediation session.  

[Paul: Lisa, I see you don’t have a representative.]

[Lisa: No, I don’t. I’ll be representing myself.]

Close-up on Paul, the Mediator

[Paul: As the representative for ReadySet Telecom, Eric, do you have the authority to make decisions regarding the terms of settlement?]

Medium two-shot on the Respondent and his lawyer

[Respondent: Yes, I do.] 

Wide shot of the group talking while Paul’s voice is heard off camera with the explanation of the next steps.

[Paul: After the introductions, I will go over the ground rules for the session.]

[music contd.]

Cut to a blurred background, while we hear Paul’s voice explaining the text appearing on screen.

mediate in good faith
one person speaks at a time
write thoughts/questions when someone else is speaking
be respectful, no personal attacks
ask for break anytime
ask to end mediation anytime
first speak with Mediator

[Paul: Everyone must mediate in good faith. One person speaks at a time. You should write down any thoughts or questions you have when someone else is speaking. Be respectful. No personal attacks are allowed. You can ask for a break any time, or to end the mediation at any time, but you must first speak with me.]

[music contd.]

Cut to a medium wide shot of the group seated during the mediation session. Paul, the Mediator, distributes a document that everyone takes their turn signing. Paul’s voice is heard off camera. A turquoise box with the words, “MEDIATION AGREEMENT” is seen in the bottom right-hand corner of screen.

[Paul: Once the ground rules are laid out, a Mediation Agreement is distributed. It states that all information shared during mediation will be confidential, and if mediation is unsuccessful, that information cannot be used during the hearing. Once the Mediation Agreement is reviewed and signed by both parties, the mediation begins.]

Close-up on the Mediator

[Paul: Now let’s hear from each of you. I’d like you to tell me what gave rise to the complaint and what you would like to get out of today’s mediation. Lisa, let’s begin with you.]

Close-up on Lisa

[Lisa: Last year on March third, I sent my nephew to buy me a new cell phone...]

Wide shot of the group

[Lisa: ...and I needed it activated right away. I couldn’t go myself because I was recovering from surgery at the time and was very sick … (voice fades).]

Wide shot turns into two-shot on the Respondent and Lawyer, while Paul, The Mediator speaks off camera.

[Paul: Once you’ve had your turn to speak, the other party will have a chance to respond.]

[Respondent: It’s always been our policy that people have to show up in person at one of our stores if they want same-day cell phone activation. This policy has been in place … (voice fades).] 

Continued two-shot of the Respondent and Lawyer while Paul’s voice is heard off camera.

[Paul: At different times during the mediation... ]

[music contd.]

Cut to Paul, the Mediator in his office

[Paul: ...the parties may want to meet privately with me. This is called caucus.]

[music contd.]

Cut to wide shot of a room with dark green walls, where Paul the Mediator and Lisa, the Complainant sit and discuss privately, while we hear Paul’s voice off camera. A turquoise box with the word “CAUCUS” is visible left corner of screen.

[Paul: I will not share what is discussed in caucus unless the parties give me their permission.]

Paul speaks to Lisa

[Paul: The respondent is willing to offer you $5,000 in compensation, but they are unwilling to change their policy.]

[music contd.]

Cut to Paul the Mediator, seated in the same green room, this time with the Respondent and his lawyer.  

[Paul: Lisa is willing to accept your offer of $5,000, but if you won’t agree to change your policy, she’s not going to settle today.]

[music contd.]

Cut to medium shot of Paul the Mediator, in his office speaking to camera. A turquoise box with the following text, “MINUTES OF SETTLEMENT” appears in the bottom right-hand corner of screen.

[Paul: If a settlement agreement is reached during mediation, both parties will be asked to review and sign the Minutes of Settlement. The complaint will be closed and there will be no need for a hearing.]

[music contd.]

Cut to wide shot in the mediation room. All parties talk while Paul’s voice is heard off camera. Everyone stands to leave and shakes hands.

[Paul: If a settlement is not reached, like in Lisa’s case, the complaint will proceed to case management and then on to a hearing. Under standard mediation procedures, a different Member of the Tribunal will be assigned to that hearing.]

[music contd.]

Cut to medium shot of Paul the Mediator, in his office speaking to camera.

[Paul: To find out more about mediation, please visit the CHRT website, and be sure to watch our other videos on the preliminary process, case management and hearings.]

Black background, with the following text appearing on screen:

For more information about the
Canadian Human Rights Tribunal,
visit chrt-tcdp.gc.ca or contact us:

Registrar-Greffier@chrt-tcdp.gc.ca
Telephone: 613-995-1707
Toll-free: 1-844-899-3604

The Government of Canada logo appears on a black background.