Negotiated Settlement

Negotiated settlement involves an exchange of information between the parties which is facilitated by HaDSCO. This may be conducted over the telephone, by email or in writing. Negotiated settlement is less likely to involve a face to face meeting.

It is the role of the HaDSCO Officer to assist in the exchange of information and promote resolution of the complaint by negotiating an outcome acceptable to both the individual and the service provider. In some circumstances, specific information or the individual’s records may be requested to clarify issues.

The fundamental principles of the negotiated settlement process are:

Confidentiality:  All oral and written communications aimed at resolving the issues in dispute are confidential. This means that any positions discussed, or offers made, during negotiated settlement cannot be made public, recorded, or discussed with anyone else. Evidence of anything said or admitted during negotiated settlement is also not admissible in proceedings before a court or tribunal.

Impartiality: HaDSCO is an independent Statutory Authority and does not provide legal advice to, favour, represent or advocate for either party. HaDSCO encourages the parties to discuss complaints and works towards jointly agreed outcomes.

Participation: Parties work together to facilitate a mutually satisfactory resolution or outcome.

Timely: HaDSCO facilitates prompt complaint resolution through communication exchanged between the parties.

Outcomes focused: HaDSCO encourages the parties to consider outcomes and explore options that will resolve the complaint.

Download our Negotiated Settlement Information Sheet.

Last Updated: 02/09/2020