Mediator

Role: The role of the mediator is to facilitate discussions between parties in order to negotiate a resolution to a dispute.

Rights: The mediator has the right to:

• Have a commitment from parties to mediate in good faith, as demonstrated by the ratification of the Agreement to Mediate.
• Determine the framework for the process of mediation to be conducted, with agreement from the parties.
• Receive all relevant information and documentation from all parties in a timely fashion.

Responsibilities: The mediator is responsible for the following:

• Thoroughly explaining the process of mediation at the Canadian Transportation Agency (Agency) to the parties and confirming that they are aware of their roles and responsibilities.
• Remain impartial and neutral.
• Keep information confidential.
• Affirm that all parties are able to effectively and equitably mediate by confirming that a decision maker for each party is present at the mediation.

Parties

Role: The role of the parties is to openly and honestly discuss and negotiate a solution to the dispute.

Rights: The parties have the right to:

• Select mediation as the method of dispute resolution.
• Withdraw from the mediation process at any time.
• Jointly request an extension of the 30-day statutory timeframe for carrying out a mediation.
• An impartial, neutral mediator to facilitate discussions.
• Have all information kept confidential.
• Provide input into the mediation process design and ground rules.

Responsibilities:

• Sign the agreement to mediate and participate in good faith.
• Honestly and openly share relevant information with the mediator and other parties.
• Generate options.
• Agree to an extension of the statutory deadline, if the case is formally before the Agency.