Then I'll just quickly say, I want to echo the concern around forcing mandatory mediation. I believe in ADR. I spent three years as a vice-chair of the Human Rights Tribunal of Ontario where I conducted over 200 meditations in human rights anti-discrimination cases. I believe that anti-discrimination cases can be settled, but I think it's a problem for the reasons that have been mentioned to require it as a condition of funding and to institute it. I'm not surprised to hear that it hasn't been working very well on a practical level. I think it can pervert the relationship between the lawyer and the client and it can create pressures of the sort that are not ideal.
Having said that, ADR is a very useful mechanism to manage minimal resources or fixed resources in a context of over-demand on those resources. I don't want to disparage dispute resolution mechanisms, but I would not recommend that you continue this condition or that you apply it. I think it's even more problematic, or perhaps it's problematic for different reasons in the equality rights stream, to impose mediation for reasons that Professor Fiss and others have written about, the dangers of settling fundamental rights.