Mandatory Mediation at the HRTO: What Ontario HR Teams Need to Know

As of June 1, 2025, the Human Rights Tribunal of Ontario (HRTO) now requires all new discrimination complaints to go through mandatory mediation as the first step - no more bypassing it to head straight into a hearing. With this procedural overhaul, HR professionals in Ontario will now take on a more active and strategic role in resolving disputes early and effectively.

Here’s what’s changed, why it matters and how your HR team can prepare.

What’s New?

Under the updated process:

• Mediation is mandatory for all applications before any adjudication occurs.

• Only the HRTO’s in-house mediators are authorized to lead these sessions.

• Stricter timelines and documentation rules will apply after mediation, including tighter filing deadlines and more formalized document disclosures.

This is a major departure from the past, where mediation was optional and many organizations prepared for a full hearing from the start.

Why It Matters for HR

This change is not just procedural, it shifts how your team will engage with human rights issues. Here’s what’s at stake:

• Faster Resolutions: Nearly 60% of cases currently settle at mediation. With this now the required first step, HR has a real opportunity to resolve disputes before they become public, expensive and prolonged.

  
  

• Reputational Risk: Public hearings come with publicity. Successful mediation avoids this exposure and signals your organization’s willingness to resolve issues constructively.

  
  

• Process Discipline: With new documentation rules and tight timelines post-mediation, the quality of your intake process and internal documentation now matters more than ever.

How HR Can Prepare: 3 Practical Shifts

HR Opportunity	What You Should Do
Improve Intake & Record-Keeping	Start documenting incidents clearly from day one. Include dates, context, actions taken and any follow-up, those notes will be critical in mediation.
Train Your Managers	Go beyond compliance training. Equip leaders with the communication, coaching and de-escalation skills they’ll need to navigate sensitive issues before they escalate.
Rebuild Trust Through Mediation	Don’t view mediation as just a legal formality. Use it as a moment to restore trust with employees through genuine dialogue, thoughtful remedies and long-term solutions.

Final Thought

Mandatory mediation isn’t just a legal step - it’s a strategic opportunity. HR teams that prepare early, build strong documentation habits and treat mediation as a relationship-building moment (not just a legal hurdle) will be better positioned to navigate these new rules effectively. Want to read the full update from HRTO? Click here.

Need help training managers or developing a documentation strategy? Let’s talk.