Conciliation Process
INFORMATION SHEET
A printable PDF version of this information sheet is available.
The Alberta Human Rights Commission is launching
revisions to its complaint resolution process. The changes will affect the way
that complaints accepted after January 1, 2019 are processed. The Commission is
responding to the need to change the complaint resolution process to ensure
that the large volume of complaints received are resolved in a timely,
effective, and fair manner.
The goal of the revised complaint resolution process is
to resolve complaints within one year of acceptance. Streamlining services and
maximizing the use of technology will assist in better serving the needs of
Albertans.
This information sheet outlines the key components of the
Commission’s revised conciliation process. For more information about the
revised investigation process, please see the Commission’s Investigation
Process information sheet.
All human rights complaints accepted after January 1,
2019, will be assigned to a human rights officer, who will review the complaint
and response. The officer will either decide on an early resolution process, or
determine the process most likely to bring the complaint to resolution. The
file will then be assigned to either the conciliation process or investigation
process. Each complaint will receive only one process towards resolution. This information sheet explains the steps
involved in the revised conciliation process.
The officer will communicate, by email or mail, what
information should be provided by the parties before the next step of review.
It is important for parties to provide that information as promptly as
possible.
When a complaint is assigned to the conciliation process,
it will be assigned to a human rights officer (conciliator) expert in human
rights law and conciliation. The conciliator will review the information
already collected on the file, and may contact the complainant and respondent
requesting additional information. All information provided by each party will
be shared with the other party and an opportunity provided to comment on the
information as part of the fair and reasonable conciliation process. It is very
important for the parties to cooperate in the conciliation and to respond to
the time limits set out for response. These time limits ensure an efficient and
effective conciliation process so that delay does not prejudice either party.
Conciliation is a voluntary, non-adversarial way to
resolve complaints. The success rate for satisfactory resolutions is high. The
conciliator is knowledgeable about human rights law and will help the parties
understand the issues in the complaint and what types of resolutions are common
in such complaints. The Commission also imposes a 60-day period, which is a
reasonable amount of time to exchange information and meet amongst the parties
to discuss resolving the complaint. If the parties cannot reach a resolution
within 60 days, the conciliation will be considered unsuccessful.
If the conciliation does not successfully resolve the
complaint, a conciliator’s memo will be prepared and shared with the parties.
In some cases, the conciliator will discuss with the parties whether a fair and
reasonable settlement offer should be made. If such an offer is made and
refused by the complainant, the conciliator may make a recommendation that the
complaint be discontinued. Also, the complainant may choose to contact the
conciliator and withdraw the complaint at any time during the conciliation
process.
The parties receive the opportunity to review the
conciliator’s recommendations and comment on the conciliation memo before it is
referred to the Director of the Commission (Director). The Director’s decision
(as per section 22 of the Alberta Human Rights Act), considering the
conciliation memo and any further relevant information provided by the parties,
will be to either dismiss or discontinue the complaint, or report to the Chief
of the Commission and Tribunals that the parties have been unable to settle.
If the Director dismisses the complaint because it has no
merit, or discontinues the complaint on the basis that a fair and reasonable
offer to settle has been made and refused, then the parties will be informed
and the complaint will be closed. Information on requesting a review of the
Director’s decision is available at albertahumanrights.ab.ca.
If the case is
referred to the tribunal, please see information on the tribunal process.
December 2019
Contact the Commission