Because settlement meetings are usually a confidential process, the Tribunal does not publish the results.In many cases, the settlement meeting resolves other aspects of the parties’ relationship and has transformative impacts without the adversarial process of a hearing. Many cases resolve on the basis of an acknowledgement that there has been a breach of the Code and an apology. In others, the mediated solution results in systemic change and awards greater than those that might be obtained after a hearing.To translate for those unfamiliar with the process: Should you find yourself on the receiving end of a "human rights" complaint, you will spare yourself a great deal of time, money and anguish if you submit to the (in camera) shakedown at the outset. (Viz the Vancouver comedy club owner, reduced to insolvency because he failed to heed this advice.) You, my friend, are a powerless Hobson, and you had better face up to the grim reality that the all-powerful 'roos offer what amounts to a Hobson's Choice (which, FYI, means you've no choice at all).
The Code provides for the Tribunal to make mediation mandatory. For policy reasons, the Tribunal has continued to keep mediation as a voluntary process although parties may find themselves ordered to attend a mediation where, in the Tribunal’s view, they will benefit from the assistance of a Tribunal member.
Friday, April 30, 2010
Getting 'Hobsoned' in B.C.
Here's a peek down the rabbit hole that is "human rights" hell in B.C. It's a snippet of Chief 'Roo Heather MacNaughton's message in the BCHRT's most recent Annual Report and explains how the state-sanctioned highway robbery works: