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Human Rights Commission pushes for mediation solution

Photo by Mark TatemThe Human Rrights Commission mediators programme in action last week.

Citizens making complaints to the Human Rights Commission are being urged to settle their disputes by mediation rather than a lengthy investigation.

HRC chairman Venous Memari said the commission — which receives about 650 queries a year, of which only 25 to 30 become actual cases — has changed the way it processes complaints, now putting the focus first on conciliation.

She has recruited five lawyers to join the roster of mediators already helping to resolve cases swiftly, where possible.

They are paid $300 an hour to help bring about resolution with the aim of settling the matter in no more than 15 hours.

Ben Adamson, Tim Marshall, Wendell Hollis, Kelvin Hastings-Smith and Delroy Duncan took part in a training programme last week at Bermuda College, along with Jacqueline Maclellan, who was refreshing her mediation skills.

Ms Memari told The Royal Gazette: "We decided that in order for parties to realistically settle a case we should offer mediation before investigation commences.

"It's less realistic for the parties to want to agree to a mediation once the investigation process has begun and parties become positional. An adversarial sense prevails. This actually gives the parties a chance to mediate before we begin the investigation process."

She added: "I wanted to expand the pool of our mediators and bring in lawyers because of their legal background.

"Since my tenure, I have noticed that human rights disputes actually become quite litigious and typically respondents retain counsel as soon as they receive the notice of intention from the HRC."

Under the Human Rights Act, the HRC has nine months to investigate a complaint of discrimination.

"Parties are now given a 30-day grace period to agree to mediation before an investigation is launched, though they can still decide on mediation later.

If the HRC deems any complaint to have merit it must be referred to the Culture and Social Rehabilitation Minister, who can appoint a board of inquiry.

Ms Memari said mediation was not appropriate in all cases but was confidential, fast and free.

"Through mediation, they can come up with solutions that they would never be able to actually achieve through a board of inquiry.

"We have some cases where a complainant simply wants a face-to-face apology. In some cases a complainant has been happy for the company to institute policies so that the conduct is not repeated."

Anyone who believes they have been discriminated against or harassed in a way prohibited by the Human Rights Act can make a complaint. Visit www.hrc.bm to find out more.