29 July 2015

Mediation and the Human Rights Tribunal of Ontario - will it work for everyone?

Following is my email response to a suggestion that I  might like to try mediation to resolve the problem I had with my previous family doctor. See email below mine for copy of that email from the Human Rights Tribunal, received today, July 29, 2015.

In April, 2015, I submitted an application to have the case heard by the tribunal. I had already had a taste of the kind of response I was likely to get from the doctor in question, from having laid a complaint about him with the CPSO (College of Physicians and Surgeons of Ontario). I am concerned that no one is actually looking at the Application I submitted, or taking time to compare that with the Response the doctor sent to that. As with emails sent to the Registrar of the HRT, it is more likely that a customer service rep reads my response and decides what to do with it – file it or toss it, or hand it to someone else to deal with, than it actually gets into the hands of the individual whose name is on it .

----- Original Message -----
From: Sue McPherson
To: Brennenstuhl, Keith (MAG)
Sent: Wednesday, July 29, 2015 4:58 PM
Subject: Fw: Human rights Application ----------  Susan McPherson v. ----------

Dear Mr Brennenstuhl,

Tell me this: how am I supposed to respond to the lies and distortions of truth he tells in his Response, that he isn't required to show evidence for? Am I just supposed to tell my "interpretation" in my Reply? Am I allowed only to add new facts if I can back them up with evidence? What is this - a game of he says, she shows evidence of? And if he says more than what she has evidence of, he wins?

You would have to convince me that anything could possibly be accomplished through mediation in this situation before I would agree to it. So far, the doctor hasn't admitted to any wrongdoing or poor judgement in my attempts to have this resolved, here or elsewhere, so I just don't see how mediation can help.

When I looked it up online, briefly, I saw that mediation was useful in cases where, for instance, a young person had committed a minor crime against a homeowner, and once found guilty, legally, the process of mediation could begin. That, and cases where married couples are divorcing, and I imagine, for the sake of the children, mediation is offered in order to ease the path for future tolerance of their situation, in which due to the children, their paths might well cross occasionally. Neither of those scenarios fit this one. The doctor has not admitted to anything, and in fact is blaming me for behaviour that he has invented, or must be imagining (and wishing to hold me accountable for), such as shouting at him and his staff.

We have no mutual interests that would require our paths to cross again, since my health and well-being is obviously not one of his, and he appears to have no desire to educate himself in matters of ageing, ageism, and discrimination on the grounds of gender and family status, from the looks of things.

I can see how for the doctor to choose mediation would act in his favour, as he can only benefit from presenting himself as willing and cooperative, for starters, and then, not having admitted to any of the things he has done, he has an advantage right from the start. It could only lead to me having to defend myself against accusations he makes (which he has already started to do) for which he doesn't have to present evidence, as he is a doctor, and I am only an older woman living alone without family beside me to grant me credibility.

No, mediation isn't going to work, unless something really changes in a hurry; for instance, the doctor admits to lying about me and being disrespectful, and to distorting incidents that happened and trivializing my concerns, and agrees to attend courses and programs that hopefully would contribute to making him a better doctor to people in similar circumstances as me.

Sue McPherson

----- Original Message -----
From: Brennenstuhl, Keith (MAG)
To: s.a.mcpherson@sympatico.ca
Sent: Tuesday, July 28, 2015 12:05 PM
Subject: Human rights Application ------------- Susan McPherson v. ----------

Ms. McPherson,

In reviewing this file I note from the Response that the respondent has agreed to try mediation to resolve your Application. In your Application, you have not indicated a willingness to try mediation. Mediation is one of the ways the Tribunal tries to resolve disputes and it is highly recommended by the Tribunal. It is a less formal process than a hearing. If mediation does not settle all the issues between the parties, a hearing will take place at a later date. Mediation can only happen if both parties agree to it. Please let me know by return email if you are willing to try mediation. Thank-you.

Keith Brennenstuhl

Human Rights Tribunal of Ontario

No comments: