At a “mediation”, a trained mediator works with you and the respondent to find a solution to your complaint. The legal term is “settle the complaint” or “settlement”. Settlement is voluntary. If you can’t agree, the process continues.

Yes, there is no charge to attend a mediation.

Yes. You attend only if you agree to take part. Attending does not affect your right to continue with the complaint process.

The parties may agree to attend a mediation at any time. The first chance is after the Tribunal tells the respondent about the complaint. Parties can even agree to attend mediation after the hearing starts.

The Tribunal decides whether a mediation will be in person or by phone. In-person meetings are usually in a neutral place, like the Tribunal. We try to find a location that is convenient for the parties.

Usually, the mediation is in-person if:

• the parties are in Vancouver or Victoria
• a party writes to the Tribunal to explain why the meeting should be in-person
• the parties attended a telephone mediation that did not resolve the complaint 

There are two ways. First, the Tribunal may offer to schedule a mediation. Second, a party can phone or write the case manager to request one at any time. 

A mediation usually starts at 9:30 am. It may go lunch time, or it may go to 4:30. Sometimes, everyone agrees to schedule more time. 

Yes, there are breaks to eat, rest, or use the washroom. If you need a break, tell the mediator.   Feel free to bring snacks.  

The Tribunal appoints a mediator. The mediator may be

• a Tribunal Member
• a Tribunal lawyer, or
• an outside mediator.

No, the Tribunal decides who the mediator is. But, you can ask the Registrar to appoint a mediator with a certain style of mediation or approach. 

Yes. When acting as a mediator, a Tribunal Member has no power to decide the complaint.

Yes, if needed. Please bring your own interpreter. If you can’t bring an interpreter, ask the Tribunal to provide one. Ask at least 3 weeks before the mediation.

Minors (people under 19) may file a complaint. The Infants Act governs contracting by minors. A contract with a minor is unenforceable against them except in limited circumstances. If the Tribunal is aware that the complainant is a minor, it will refer the respondent to the Infants Act. The respondent may agree to take part in the mediation with the minor. Or the respondent might ask that the legal guardian attend. If the parties can’t agree about who will attend, the mediation won’t go ahead.

The complaint will continue in the Tribunal’s process.  That may include:

• the respondent files a response to the complaint
• the parties exchange documents
• the respondent applies to dismiss the complaint without a hearing
• preparing for a hearing

After the complainant withdraws the complaint, the Tribunal process is over. The Tribunal does not enforce settlement agreements. Section 30 of the Code governs the enforcement of settlement agreements.