Mediation is a voluntary process of dispute resolution offered after the Manitoba Human Rights Commission receives a complaint. Mediation is done on a "without prejudice" basis meaning that the settlement information received during the mediation process will not be used in any other proceeding of the Commission.

It is important to note that during mediation, no assessment of the validity of the complaint is made. Mediation can result in an acceptable resolution of the issues in a shorter time frame than a more formal investigation, and involves the individuals directly affected.

The mediator contacts each party to discuss the mediation process and determines if there is interest in pursuing this option. The mediator acquires an understanding of what issues need to be addressed, what the goals of each party are, and whether the dispute lends itself to the negotiation of a mutually acceptable solution. The mediator then determines the appropriate manner to proceed. The options available are a face to face mediation or shuttle negotiations.

A face to face mediation involves a meeting with the parties together to attempt to reach a mutually acceptable resolution. In the case of a face-to-face mediation, the parties will be asked to reserve a full day for the meeting with the goal of signing an agreement to settle the complaint at the end of the session. In shuttle negotiations, the mediator acts as a liaison between the parties presenting offers and counter-offers of settlement.

If the parties or the mediator decide that it would not be productive to proceed with mediation, the complaint will usually proceed to investigation. There is no penalty assessed for not being prepared to mediate, or having tried mediation with no agreement being reached. The matter would then be assigned to an investigative officer who would start "fresh" with the complaint.

It should also be noted that parties can request to try mediation or shuttle negotiations at any time during the investigative process.

The mediator is an impartial facilitator who controls the process of the negotiations between the participants. He/she will encourage the parties to discuss the issues that are important to them, and will keep everyone focused on the development of a mutually acceptable resolution to the matters in dispute. If a satisfactory resolution is achieved, the mediator will assist in writing up the agreement. The complainant will also sign a ‘termination of proceedings’ form which will be processed by the mediator once confirmation has been received that the terms of the agreement have been fulfilled by all parties.

Mediation can resolve complaints more quickly than the more formal investigation process. As mediation is confidential and not adversarial in nature, it allows for the protection of privacy and dignity of the participants and promotes respectful interpersonal communication. Also, the resolution of matters can be tailored to the unique circumstances of the parties. Finally, the participants are in control of what decisions are made including the final resolution rather than having them imposed by some third party that can leave the participants feeling unsatisfied. Mediation participants "own" the process and the resulting solutions.