51.5 (1) The Judicial Council may establish a mediation process for complainants and for judges who are the subject of complaints. Criteria (2) If the Judicial Council establishes a mediation process, it must also establish criteria to exclude from the process complaints that are inappropriate for mediation. Same (3) Without limiting the generality of subsection (2), the criteria must ensure that complaints are excluded from the mediation process in the following circumstances: 1.  There is a significant power imbalance between the complainant and the judge, or there is such a significant disparity between the complainant’s and the judge’s accounts of the event with which the complaint is concerned that mediation would be unworkable. 2.  The complaint involves an allegation of sexual misconduct or an allegation of discrimination or harassment because of a prohibited ground of discrimination or harassment referred to in any provision of the Human Rights Code. 3.  The public interest requires a hearing of the complaint. Legal advice (4) A complaint may be referred to a mediator only if the complainant and the judge consent to the referral, are able to obtain independent legal advice and have had an opportunity to do so. Trained mediator (5) The mediator shall be a person who has been trained in mediation and who is not a judge, and if the mediation is conducted by two or more persons acting together, at least one of them must meet those requirements. Impartiality (6) The mediator shall be impartial. Exclusion (7) No member of the subcommittee that investigated the complaint and no member of the Judicial Council who dealt with the complaint under subsection 51.4 (17) or (18) shall participate in the mediation.  1994, c. 12, s. 16. Review by Council (8) The mediator shall report the results of the mediation, without identifying the complainant or the judge who is the subject of the complaint, to the Judicial Council, which shall review the report, in private, and may, (a)  approve the disposition of the complaint; or (b)  if the mediation does not result in a disposition or if the Council is of the opinion that the disposition is not in the public interest, (i)  dismiss the complaint, (ii)  refer the complaint to the Chief Justice, with or without imposing conditions as referred to in subsection 51.4 (15), or (iii)  hold a hearing under section 51.6.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Report (9) If the Judicial Council approves the disposition of the complaint, it may make the results of the mediation public, providing a summary of the complaint but not identifying the complainant or the judge.  1994, c. 12, s. 16. Referral to Council (10) At any time during or after the mediation, the complainant or the judge may refer the complaint to the Judicial Council, which shall consider the matter, in private, and may, (a)  dismiss the complaint; (b)  refer the complaint to the Chief Justice, with or without imposing conditions as referred to in subsection 51.4 (15); or (c)  hold a hearing under section 51.6.  1994, c. 12, s. 16; 1996, c. 25, s. 9 (20). Non-application of SPPA (11) The Statutory Powers Procedure Act
does not apply to the Judicial Council’s activities under subsections (8) and (10). Notice to judge and complainant (12) After making its decision under subsection (8) or (10), the Judicial Council shall communicate it to the judge and the complainant, giving brief reasons in the case of a dismissal. Guidelines and rules of procedure (13) In reviewing reports, considering matters and making decisions under subsections (8) and (10), the Judicial Council shall follow its guidelines and rules of procedure established under subsection 51.1 (1).  1994, c. 12, s. 16. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 16 - 28/02/1995; 1996, c. 25, s. 9 (20) - 19/04/1999