The College’s Role in Mediation
The Prince Edward Island College of Pharmacy is, pursuant to the Regulated Health Professions Act, the Act, responsible for the regulation of pharmacy practice on Prince Edward Island. As part of its mandate, the College is responsible for the handling of complaints against registrants, including pharmacists, pharmacy technicians, students and interns. When a complaint is received the College can appoint an investigation committee. An Investigation Committee can, with the consent of the complainant and the pharmacist, refer the matter to mediation. The information provided is to assist in understanding the mediation process.
What is Mediation?
Mediation is a process designed to assist a complainant and a registrant in reaching a mutually agreeable resolution of the complaint without resort to a formal hearing. Participation in mediation is voluntary, informal and the mediation is conducted by an independent person called a mediator. Mediation can provide more flexibility in terms of outcomes and can in most cases be conducted more quickly. Mediations are confidential and all discussions and documents used in the mediation are private and cannot be shared by the parties or the mediator outside of the mediation.
Who hires the mediator?
The mediator is hired and paid by the College on behalf of the Investigation Committee, however the mediator is independent from the Committee and the College. The College will only provide information received regarding the compliant to the mediator for purposes of the mediation.
What does the mediator do?
The mediator will, independent of the College or the Committee, facilitate discussions between the complainant and the registrant. Discussions will be conducted in a manner that is comfortable to all and could include joint sessions, individual sessions or both with sessions being conducted in person, by phone or virtually, again depending on the needs and comfort of those involved. The mediator does not provide legal advice to either party and cannot be called to give evidence or testify regarding the mediation. The mediation is a confidential process.
What if an agreement is reached?
The mediator will prepare an agreement at the conclusion of the mediation outlining the terms of the mediated agreement. The agreement will be signed by the parties and the mediator. The mediator will provide a copy of the agreement to the Investigation Committee for approval and the mediator’s role ends upon provision of the agreement. If approved, the mediation agreement is final and the Investigation Committee will communicate with the parties as to compliance with the mediation agreement. If the mediation agreement is not approved, the Investigation Committee will be in touch with the parties concerning a hearing of the complaint.
What if an agreement is not reached?
The mediator will inform the Investigation Committee in writing that an agreement was not reached in mediation and the Investigation Committee will communicate with the parties concerning next steps. The mediator’s role ends following the notice to the Investigation Committee.”