How does a restorative approach work?

If you attempted restorative dispute resolution with the Commission’s staff before your complaint was referred to the Panel, your experience at a pre-hearing conference should be very similar. We sit in a circle, and everyone in the circle has an equal chance to speak. The adjudicator will ask questions which invite you to share your perspectives. The adjudicator’s facilitation is done in the context of a carefully designed and structured process which is respectful and non-adversarial in nature. 

In addition, the adjudicator will guide the parties through the items that need to be addressed before a hearing is scheduled following the Rules of Practice and Procedure. This may lead to an open discussion about the parties’ expected evidence, documents, or considerations about the merits. It may also lead to a mediation using restorative practices, if the pre-hearing conference opens a discussion that requires more time or facilitation.