MEDIATE ONTARIO 

MEDIATION AND ARBITRATION SERVICES

Comprehensive Investigations Rooted in Integrity, Procedural Fairness & Trauma Awareness

 

At Mediate Ontario, we conduct thorough, impartial, and procedurally sound workplace investigations involving complex, sensitive, and high-stakes allegations. These may include:

• Harassment and bullying

• Sexual harassment or sexual assault

• Discrimination based on protected grounds (race, gender, disability, sexual orientation, etc.)

• Alleged violations of organizational codes of conduct or ethics

• Retaliation, reprisal, or abuse of authority

• Breaches of confidentiality or professional boundaries​ 

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Whether in unionized, non-union, or hybrid environments, these matters demand more than internal policy compliance—they require independence, trust, and a commitment to just process.

Our investigations are conducted with rigour, discretion, and neutrality, always mindful of the emotional toll on those involved. We believe that a fair, respectful investigation is the cornerstone of any credible resolution—and a vital step toward restoring workplace trust.

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The Mandate for External Investigations

 

Allegations of harassment, discrimination, or code-based misconduct—especially when they involve senior leadership or multiple complainants—often require an external investigator to ensure objectivity, protect confidentiality, and mitigate legal risk.

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Organizations turn to us when:

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• Internal HR lacks capacity or neutrality

• The alleged conduct involves senior personnel

• Allegations relate to systemic issues (e.g., racial inequity, gender-based violence)

• Multiple employees are impacted or making related complaints

• Union representatives require an independent third-party review

• Legal counsel recommends an external process to protect due process and minimize liability​

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We offer not just technical expertise, but also credibility with unions, regulators, and human rights bodies. Our findings are detailed, legally sound, and defensible if subject to scrutiny in arbitration, tribunal, or court proceedings.

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A Structured and Transparent Process

 

Each investigation we undertake follows a clearly defined process, designed to meet or exceed industry standards and legal requirements under Ontario’s Occupational Health and Safety Act (OHSA), Human Rights Code, and applicable collective agreements or internal policies.

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Our investigation model typically includes:​

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1. Intake & Mandate Clarification

   • Define scope, parties, and terms of reference

   • Confirm authority to access documents, systems, and witnesses

   • Identify timelines and decision-makers​

2. Document Review

   • Review of relevant policies, correspondence, social media, logs, and witness notes

   • Examination of organizational context and past complaints if relevant​

3. Confidential Interviews

   • Complainant(s), respondent(s), and all relevant witnesses

   • Interviews conducted with trauma-informed, culturally competent, and procedural sensitivity

   • All parties treated with respect, dignity, and care​

4. Analysis & Fact-Finding

   • Findings based on balance of probabilities

   • Assessment of credibility, consistency, corroboration, and contextual factors

   • Clear connection between evidence and conclusions​

5. Final Report & Recommendations

   • Detailed report outlining allegations, process, findings, and analysis

   • Optional recommendations for corrective action, policy reform, training, or mediation

   • Reports provided in plain language and/or legal format depending on audience

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Throughout, we prioritize confidentiality, fairness, and neutrality—ensuring all parties feel heard, understood, and respected.

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Beyond Investigation: Restoring Workplace Culture

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A high-quality investigation answers the "what happened" question. But what comes next is just as important: how does the workplace heal?

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In the aftermath of serious conflict or allegations, workplaces are often left fractured:

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• Relationships are strained

• Trust is eroded

• Fear of reprisal or retaliation may linger

• Teams may be polarized, and morale compromised

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We offer post-investigation services to support restoration, reconciliation, and prevention, including:

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1. Post-Investigation Debrief & Policy Recommendations

We can deliver a summary briefing (respecting confidentiality) to leadership, HR, or unions—identifying systemic concerns, cultural risks, and practical next steps.

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2. Restorative Mediation or Circle Facilitation

In appropriate cases, we offer restorative dialogue processes between impacted parties, supported by trained mediators. This may include:

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• Mediated conversation between complainant and respondent (voluntary)

• Facilitated team healing sessions

• Leadership accountability discussions

• Commitment agreements or behavioural frameworks

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3. Preventive Training & Culture Work

We also offer customized training and education focused on:

• Harassment and discrimination prevention

• Restoring respectful workplace norms

• Anti-oppression and identity-based conflict awareness

• Manager and union steward training on early conflict response

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When conducted with care and competence, these efforts not only prevent future harm but signal to staff that the organization takes these matters seriously—not just in process, but in values.

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