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Human Rights Tribunal of Ontario Implements Mandatory Mediation
Effective June 1, 2025, the Human Rights Tribunal of Ontario (HRTO) has implemented a major procedural change: mandatory mediation now applies to all new applications filed on or after this date. This shift significantly changes how employers must respond to human rights claims in Ontario.
Previously, mediation was voluntary and occurred only if all parties consented. Applications filed before June 1, 2025, will continue under the old voluntary system.
What Is Changing for Ontario Employers?
- Under the new rules, the HRTO will automatically schedule mediation after jurisdictional screening. Employers should now expect mediation to be the default step in virtually every human rights matter.
Key Changes
- All new applications filed on or after June 1, 2025, will be scheduled for mediation, except in exceptional circumstances.
- Attendance is mandatory:
- If an applicant fails to attend, the case may be dismissed.
- If an employer (respondent) fails to attend, the case may continue without them, and they may lose participation rights.
- After mediation, parties must either:
- File Form 25 (Confirmation of Settlement) if they resolve the matter; or
- Notify the Tribunal that the matter will proceed to a hearing.
- If neither step occurs, the HRTO may close the file administratively. Parties then have 30 days to request reopening, failing which the application will remain closed.
- If mediation is unsuccessful, the case moves directly to a hearing. Importantly, disclosure deadlines are now tied to the mediation date, requiring employers to prepare their cases earlier than before.
| Feature | Before June 1, 2025 (Voluntary) | After June 1, 2025 (Mandatory) |
|---|---|---|
| Mediation trigger | Only if both parties consent | Scheduled automatically by HRTO |
| Attendance | Optional | Mandatory; penalties for non-attendance |
| Next steps after mediation | Proceed to hearing if no agreement | Form 25 (settlement) or proceed to hearing |
| Admin closure | Not common | HRTO may close file if no follow-up within 14 days; can be reopened within 30 days |
| Disclosure deadlines | Based on hearing date | Based on mediation date (earlier preparation required) |
Procedural Tools and Forms Employers Must Know
The HRTO has also updated its procedural framework and related forms:
- Form 10 – Request for an Order During Proceedings: Used to seek procedural orders (adjournments, rescheduling, disclosure, etc.).
- Form 11 – Response to a Request for an Order: Allows parties to reply to a Form 10 request.
- Form 25 – Confirmation of Settlement: Filed if mediation or private settlement succeeds, to formally close the file.
- Form 9 – Withdrawal: Used to voluntarily withdraw an application.
Form updates: HRTO has revised Form 1 (Application), Form 1G, Form 2 (Response), Form 10, Form 11, Form 25, and Confidentiality Agreements. Older versions will not be accepted after June 15, 2025.
Private Settlements Still Require Formal Closure
Private mediation or settlement between parties does not exempt them from HRTO’s mandatory mediation requirement unless the case is formally closed with Form 25 or Form 9. Without this, the HRTO’s mandatory mediation will still proceed.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“The new mediation requirement underscores the need for employers to be proactive. A well-prepared legal strategy not only strengthens your position but also helps resolve disputes before they escalate.”
Why This Matters for Ontario Employers
Mandatory mediation is intended to streamline Mandatory mediation, but it creates new compliance responsibilities for employers.
Employers must now be prepared to:
- Participate in HRTO-mandated mediation, often on short notice.
- Respond strategically with Form 10 or Form 11 to address procedural issues.
- Finalize and file Form 25 quickly if a settlement is reached.
- Update HR procedures and internal workflows to meet accelerated disclosure timelines.
How Achkar Law Can Help
At Achkar Law, we help Ontario employers adapt to these changes and minimize legal risk. Our services include:
- Early-stage case evaluation and settlement planning
- Drafting and filing Forms 10, 11, 25, and 9
- Representation at HRTO mediation and hearings
- Strategic advice on responding to applications
- Internal HR policy reviews to align with the new rules
Contact Achkar Law
If you’re an Ontario employer facing a human rights application—or want to update your internal processes in light of the new rules—contact Achkar Law today.
Call toll-free: 1-800-771-7882 | Email: [email protected]
HRTO Mandatory Mediation FAQs
The HRTO may proceed without the employer, limit their participation rights, or impose procedural consequences.
- Form 10: Request an order (e.g., adjournments or disclosure).
- Form 11: Respond to a Form 10 request.
- Form 25: Confirm settlement to formally close the case.
Yes, but the settlement must be confirmed with Form 25 (or Form 9 if withdrawn) for the HRTO file to close. Otherwise, HRTO-scheduled mediation will proceed.
If neither Form 25 is filed nor confirmation to proceed is given, the HRTO may close the case. Employers or applicants then have 30 days to request reopening.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
Workplace Law Topics: Human Rights, Workplace Accommodations, Harassment and Bullying, Workplace Disputes