During mediation, a neutral person talks with the landlord and the tenant to help them reach an agreement that is acceptable to both sides. Mediation is voluntary; no one has to participate. Both the landlord and the tenant must agree to mediate for mediation to take place.
Mediation discussions at the LTB are led by a dispute resolution officer. The dispute resolution officer will explain what your rights are under the Residential Tenancies Act, but they will not give you advice.
Before you come to the mediation, you should think of solutions that might settle your differences. You may also want to talk to a representative before mediation or bring a representative with you. A representative can be a lawyer, a paralegal, a friend or a relative.
Mediation is available on the day of the hearing at most hearing locations. If you want to mediate, arrive early to be sure there is time to meet with the dispute resolution officer before your hearing.
If you want to mediate, tell the security guard when you arrive. You will sign a sheet and a dispute resolution officer will come speak to you. Remember that for mediation to take place, both sides must be willing to participate.
If the member gets to your case while you are waiting to mediate or in mediation, they will move on to the next case.
You may or may not resolve your dispute during mediation.
Discussions that take place during mediation are private.
If you reach an agreement, you and the other side will each get a copy of the signed agreement; the LTB does not keep a copy.
If you do not reach an agreement, the hearing goes ahead. At the hearing, no one can tell the member what was said during mediation.
If one party does not follow the agreement, then the other party can file a Request to Re-open an Application. If the application is re-opened, an LTB member will deal with the issues raised in the original application at a hearing.
If a mediated agreement is related to an eviction application and the tenant does not respect the agreement, the landlord may be able to get an eviction order from the LTB without the need for a hearing. For this reason, tenants should carefully consider whether they can live up to the conditions of the mediated agreement before they sign it.
For more information about mediation, see Rule 13 of the LTB's Rules of Practice at sjto.ca/ltb and watch our video "How Mediation Can Help You".
Last updated: June 2019