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Aegis 360 HRAegis 360 HRScott Tracze, Q.ARB
Workplace Mediation

A dispute is escalating. Resolve it now -- confidentially -- before it becomes a formal complaint.

Workplace mediation conducted by Sandy McInnes, Q.Med -- Q.Med designated, insured, and independent. Structured, confidential process. Flat-fee pricing. Not sure whether your situation calls for mediation or a formal investigation? See workplace investigations.

Book a Free Consultation613-661-0696

A grievance arbitration commonly costs $15,000 to $30,000 or more in direct costs. An HRTO damages award ranges from $15,000 to $50,000 or beyond. A mediated resolution typically costs a fraction of either -- and takes weeks, not years.

When Mediation Is the Right Tool

Mediation works where the parties need to reach a durable resolution -- and where they need to do it without creating a public record. It is not a soft alternative to a serious process. It is a structured, professionally facilitated process with a specific purpose: achieving a resolution both parties can accept, before the situation forces an outcome neither of them controls.

A dispute between employees is escalating before a formal complaint is filed.

Interpersonal conflict that has not yet become a formal harassment complaint is the ideal mediation window. Early intervention preserves the working relationship, prevents a complaint from crystallizing, and avoids triggering the OHSA investigation obligation -- which, once triggered, is mandatory and cannot be satisfied by conversation alone.

An investigation has concluded and the parties still work together.

An investigation report resolves what happened. It does not restore a working relationship. Post-investigation mediation addresses the residual dynamic between the parties -- the thing an investigation finding cannot fix. It is increasingly recognized in Ontario workplaces as the completion step after a formal process.

A grievance has been filed and arbitration is not the preferred outcome.

Most grievances in Ontario are resolved before arbitration. Mediation is the most efficient path to that resolution. A skilled mediator who understands the collective agreement context -- and the cost and risk profile of arbitration for both sides -- can bring the parties to a settlement that reflects the reality of the dispute.

A human rights complaint is at the early or pre-application stage.

Before an HRTO application is filed -- or at the pre-hearing mediation stage -- a confidential mediation process can produce a resolution that closes the file permanently. Both the HRTO and the Ontario Human Rights Legal Support Centre recognize mediation as a legitimate and valued resolution mechanism.

Sandy McInnes, Q.Med

Sandy McInnes holds the Q.Med designation from the ADR Institute of Ontario -- the qualifying designation for professional mediators in Canada. Q.Med practitioners have demonstrated the knowledge, competency, and ethical standards required to facilitate mediation proceedings across a range of dispute types.

Sandy brings 37 years of leadership experience in education and manufacturing across Eastern Ontario, Harvard negotiation training, and an Executive Certificate in Dispute Resolution. That background is not incidental to the role. Mediators who understand how workplaces actually function -- the dynamics of authority, the pressure of peer relationships, the reality of small organizations -- facilitate more effective resolutions than those who approach the process as a purely procedural exercise.

Sandy operates as a fully independent mediator. No prior relationship with either party is accepted. A conflict check is completed before any engagement begins.

How the Process Works

1

Intake and suitability assessment

The process begins with a conversation between the employer and Aegis 360 HR to understand the dispute, confirm that mediation is appropriate for the situation, and identify any preliminary concerns. Not every dispute is suitable for mediation. This step exists to assess fit before any commitment is made.

2

Conflict check and engagement

Sandy McInnes confirms there is no prior relationship with either party. An engagement letter is issued to the employer setting out the mediator's role, scope, fee, and the confidentiality framework. Party consent is confirmed in writing before the process begins.

3

Pre-mediation individual sessions

Sandy meets with each party separately before the joint session. These individual caucuses allow each party to describe the dispute from their own perspective, identify their interests, and understand how the mediation process works. The mediator uses this step to assess the parties' readiness and clarify any misconceptions about what mediation can and cannot accomplish.

4

Joint mediation session

The joint session is a structured, facilitated conversation between the parties. Sandy controls the process, not the outcome. He ensures both parties are heard, identifies where genuine common ground exists, and works through the issues in an order that builds toward resolution. If parties need to caucus separately during the session, that option is always available.

5

Mediation agreement

If the parties reach a resolution, the terms are documented in a written mediation agreement signed by both parties before the session ends. The agreement is confidential. Its specific terms are not disclosed to the employer beyond what the parties choose to share. Sandy provides no report, findings, or opinions on the merits of the underlying dispute.

Mediation Fees

Flat-fee pricing where scope permits. Costs are split equally between the parties or borne by the employer -- agreed in advance. Retainer required on booking.

A grievance arbitration commonly costs $15,000 to $30,000 or more in direct costs, before the outcome is known. A mediated resolution is bounded, predictable, and confidential. For most Ontario employers, the question is not whether mediation is expensive -- it is whether the alternative is acceptable.

$1,800 to $2,500 + HST
Half-Day

Up to four hours. Single session. Suitable for two-party interpersonal disputes or workplace conflict at an early stage.

$3,000 to $4,000 + HST
Full Day

Up to eight hours. Single or split session. Multi-party disputes, post-investigation relationship restoration, or more complex matters.

Quoted by scope
Multi-Session

Two or more sessions for layered disputes, collective agreement grievances, or matters requiring pre-mediation individual preparation.

Not sure if mediation is the right step?

Scott Tracze will assess your situation on a free 20-minute call and tell you whether mediation is appropriate -- and if it is, what the process will look like and what it will cost.

Book a Free 20-Minute Call613-661-0696

Ontario Legal Context

Occupational Health and Safety Act (OHSA), s.32.0.7: The OHSA requires investigation of harassment complaints -- mediation does not satisfy that obligation on its own. However, OHSA also requires employers to address workplace harassment and take every reasonable precaution to protect workers. Proactive mediation of interpersonal conflict before a formal complaint is made is consistent with that broader obligation and often prevents the investigation obligation from arising at all.

Ontario Human Rights Code: The HRTO actively promotes mediation as an alternative to adjudication. The Tribunal offers a mediation stream at the pre-hearing stage. Voluntary resolution through mediation before an application is filed removes the complaint from the public record entirely. A skilled mediator increases the probability of early resolution and avoids the costs -- legal fees, management time, reputational exposure -- of a contested HRTO proceeding.

Labour Relations Act, 1995 (OLRA): Grievance mediation is well-established in Ontario collective agreement administration. Most collective agreements contain or imply a mediation step before arbitration. Where they do not, the parties may agree to mediate at any stage of the grievance process. Grievance mediation conducted by an experienced neutral -- one who understands the collective agreement context and the cost profile of arbitration -- resolves the majority of matters without a hearing.

Workplace Mediation FAQs

Is workplace mediation voluntary?
In most Ontario employment contexts, mediation is voluntary -- both parties must agree to participate. This is one of its core strengths. A mediated resolution that both parties reach voluntarily is far more durable than an outcome imposed through a formal proceeding. An employee who agrees to a mediated resolution is not doing so under compulsion; they are accepting terms they can live with. Employers are entitled to make participation in mediation a reasonable workplace expectation in certain contexts, but the process itself functions best when it is genuinely consensual. If a party is unwilling to participate, Aegis 360 HR will advise on the appropriate next step.
Is mediation confidential?
Yes. Workplace mediation is confidential by design. Nothing said during the mediation process is admissible in subsequent proceedings. The mediator cannot be called as a witness. A signed mediation agreement will typically include a confidentiality clause binding both parties. This confidentiality is one of the primary reasons employers use mediation -- it allows both parties to speak candidly toward a resolution without creating a record that can be used against them in litigation or before the HRTO.
Does mediation satisfy the employer's obligation to investigate under the OHSA?
Not on its own. The Occupational Health and Safety Act (OHSA), s.32.0.7, requires employers to investigate workplace harassment complaints in a manner appropriate to the circumstances. Mediation does not substitute for investigation. However, in appropriate cases -- particularly where the complaint involves interpersonal conflict rather than serious misconduct, or where both parties want to restore a working relationship -- mediation can be conducted alongside or following an investigation, or used to resolve the residual workplace relationship issues that an investigation cannot address. Aegis 360 HR will advise on whether mediation is appropriate before or after investigation in your specific situation.
When is mediation not appropriate?
Mediation is not appropriate where the dispute involves serious criminal conduct, where there is a significant power imbalance that would undermine the integrity of the process, or where one party has expressed safety concerns about the other. Mediation is also not appropriate as a substitute for investigation when a formal harassment complaint has been made and the OHSA investigation obligation has been triggered. In those situations, investigation comes first. Aegis 360 HR will assess appropriateness at intake and will not accept an engagement where mediation is the wrong tool for the situation.
What happens if mediation does not result in a resolution?
If mediation does not produce a signed agreement, the parties return to wherever they were before the process started. The mediator provides no findings, no report, and no opinion on the merits. Nothing disclosed in the mediation can be used in any subsequent proceeding. The employer retains all options: investigation, discipline, grievance response, or formal proceedings. A mediation that does not resolve the matter is not a failure -- it is a bounded, confidential process that preserved all remaining options.
How much does workplace mediation cost in Ontario?
A half-day mediation (up to four hours) typically ranges from $1,800 to $2,500 plus HST. A full-day mediation (up to eight hours) ranges from $3,000 to $4,000 plus HST. Multi-session mediations for more complex matters are quoted based on scope. Flat-fee pricing is used where scope permits. Costs are typically split equally between the parties, or borne entirely by the employer -- the allocation is agreed before the process begins. The relevant comparison is not the cost of mediation but the cost of the alternative: a grievance arbitration commonly runs $15,000 to $30,000 or more in direct costs, and HRTO proceedings carry damages awards of $15,000 to $50,000 or beyond.

Scott demonstrates remarkable integrity and a calm demeanour when handling sensitive workplace matters. His mediation and arbitration skills have been invaluable. Scott’s highest integrity and ethics make him uniquely qualified to handle workplace disputes and HR matters at the highest level.

John Stout
Mediator / Arbitrator

Resolve it before it becomes a formal proceeding.

Contact Aegis 360 HR for a free, confidential consultation. Scott Tracze will assess whether mediation is the right step and connect you with Sandy McInnes to begin the process.

Book a Free Consultation613-661-0696

Scott Tracze, Q.ARB -- scott.tracze@aegis360hr.ca