Human Rights Mediator
Human Rights Mediator
As a Human Rights Mediator I accomplish the mediation by establishing and maintaining a respectful, constructive environment, setting the tone for productive discussions and successful negotiations.
Find below examples of 3 cases I have resolved successfuly with allegations based on race, sexual orientation and age.
Examples of cases I have guided to resolution
Case 1: Mediation of multi-party allegations of discrimination based on race
While their peers watched, three youths were arrested at their school, handcuffed and walked out of the school by the police into waiting cruisers. They were subsequently expelled from school by the District School Board for allegedly participating in a physical fight at the school. All this was witnessed by their peers, causing them to feel public humiliation.
The three youths filed human rights complaints, alleging that they were, along with many other students, standing on the periphery of the fight only watching, but they were targeted by school officials and the police by being wrongfully accused of participating in the fight. The youths alleged this targeting was because of racial discrimination, stereotyping and prejudice based on their race.
Attending the mediation were 16 people, including legal counsel, community representatives, bureaucrats, the children, and their parents. After a lengthy mediation, the parties achieved precedent-setting results, including:
- Sincere apologies to the children and their parents.
- Tutoring for the children to assist them in catching up on material they missed during their expulsions.
- Damages for the children’s injuries to their dignity and hurt feelings.
- Public interest remedies, including training for senior administration and teachers on racial discrimination.
- Consultations between the Board and community groups leading to the development of a protocol to be followed when a school has concerns about students; for example, first calling parents and not the police.
Case 2: Mediation of allegations of discrimination based on sexual orientation
The administration of a small town declined the request of a 2SLGBTQIA+ group to raise the rainbow flag for Gay Pride. The group raised allegations that they were being differentially treated from other groups by having their reasonable request declined.
The town’s administration was legally represented by a high-powered, high-profile lawyer, while the gay-rights group was unrepresented.
I facilitated the discussion so that the two sides exchanged fundamental information, leading to a shift in their stereotyping perspectives of each other (red-neck on one hand, sexually charged on the other).
The mediation resulted in the parties achieving satisfactory results, including the raising of the flag, a sensitivity training session for the town’s council members provided by the community group, and meetings between the community group and council committee members through the year so that relationships would be developed and on-going.
Case 3: Mediation of allegations of wrongful dismissal/discrimination based on age
After 27 years of service, a professional employee’s employment was terminated without cause after months of the employer implying that the employee’s standard of professionalism was dramatically slipping but not offering any specific examples or support for improvement.
The employee was offered working notice but felt incapable of facing the humiliation and stress of what he perceived as diminution of his responsibilities, attack on his professionalism and a work environment now poisoned by an employer who didn’t want him there.
The employee raised allegations of wrongful dismissal and discrimination based on age.
Emotions were ignited on both the employer and employee’s parts—they had very different perspectives of the situation, had a long history together, and both felt betrayed by the conduct of the other.
Through sensitive and incisive interventions on my part, the parties were able to achieve a mutually agreeable resolution, including the immediate cessation of the employment relationship, restoration of dignity through collaboratively drafted announcement of retirement and letter of reference, special damages, and damages for injury to the former employee’s dignity and hurt feelings.