Mediation has been used to resolve disputes with major rail and air carriers, airport authorities and private citizens. It allows parties to understand each other's perspective, identify facts, check assumptions, recognize common ground and test possible solutions.

Mediation is an informal alternative to the Agency's formal decision-making process. It can be faster and less expensive, and can produce an agreement that benefits both sides. It has worked well in disputes involving several major transportation service providers. In fact, a number of carriers have mentioned in recent years that they consider mediation their first alternative for dispute resolution.

In some circumstances, the Agency's Air Travel Complaints Program's staff informally mediate complaints with the goal of finding a mutually acceptable resolution among the parties. For more information, please refer to the following section about the Agency's Informal Air Travel Complaints Process.

Mediation is also offered as an option for a wide range of disputes related to accessibility to transportation for persons with disabilities. As well, this service can be used to resolve rail transportation issues related to rates, service obligations, competitive access, crossings, rail line and rail yard expansion, abandonments, noise, and vibration, to name a few. Marine issues that can be mediated include those related to coasting trade, pilotage tariffs, and fees fixed by Canadian ports.

Prior to implementing mediation, the Agency consulted with its Accessibility Advisory Committee and examined mediation models used by Canadian and American regulatory bodies. This was done to ensure that the Agency process was designed to properly accommodate the needs of all participants.

If you want to try to resolve your dispute through mediation, let the Agency know. It will contact the other party to see if it is willing to participate.

Once both sides agree to join the process, a trained mediator joins them in an informal setting. Together they address all of the issues and attempt to negotiate a settlement. The mediator keeps the two sides focused on their interests and talking their way to a result that they can both accept.

Mediation must take place within a 30-day deadline under the law, which is much faster than the 120-day deadline set by the law for the Agency's formal dispute-resolution process. The deadline can be extended if both sides agree. Sometimes mediation produces an agreement within a few days and in some cases within a few hours.

Everything that happens in mediation remains confidential, unless both sides agree otherwise. To maintain this confidentiality, if the dispute ends up going to the Agency for a formal, court-like decision, the mediator will not be involved in the case.

More information

Mediation provides an alternative avenue to resolve disputes in less time, at a lower cost and gives parties greater control over the results when compared to the regulatory process or the litigation option. The statutory timeframe for completing a mediation is 30 days unless parties agree otherwise.

If you are familiar with the Agency's mediation process and wish to access the forms directly, please click on the following link: "Mediation: Forms and Publications."

For more information, please contact:

Canadian Transportation Agency
Ottawa, ON  K1A 0N9
Tel.: 1-888-222-2592
Fax: 819-997-6727
TTY: 1-800-669-5575
Web: www.cta.gc.ca
E-mail: info@otc-cta.gc.ca