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ARTICLE · 29 JULY 2014

NWT Human Rights Commission's Early Resolution Process - Beware!

McLennan Ross LLP
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The NWT Human Rights Commission has recently established an Early Resolution policy and procedure.

CanadaGovernment, Public Sector
McLennan Ross LLP
McLennan Ross LLP
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The NWT Human Rights Commission has recently established an Early Resolution policy and procedure. This policy represents an effort to resolve complaints within 60 days of their being filed.

This process is fatally flawed. The most important element of any resolution discussion is that the comments made by all parties during that process must be "without prejudice" and cannot be used against that party in the event that the resolution process is not successful. Parties need that protection if they are going to engage in meaningful resolution discussions. This Early Resolution process is not "without prejudice" and the discussions parties have during this Early Resolution process, which is conducted by one of the Commission's Human Rights officers, are not confidential.

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