Stage 1 – Negotiation
Parties typically work together to resolve their dispute in this stage. The CAT’s Online Dispute Resolution System gives parties the ability to exchange settlement offers, messages and documents to try to resolve their dispute. Parties may save time and money if they are able to resolve their disputes in this stage.
A settlement offer is a party’s proposal for how to resolve the dispute.
The parties will receive an automatically generated Settlement Agreement if everyone accepts the same settlement offer. The Settlement Agreement resolves the dispute and the case will be closed.
Each party can make or update a settlement offer at any point during Stage 1. The parties can discuss settlement offers in in the Message Centre of the case.
We recommend keeping discussion respectful and positive. Do not use the case or the Tribunal’s dispute resolution system to attack other parties.
Your settlement offer should:
- Clearly set out what each party, will do, when they will do it, and how.
- Be as specific as possible.
- Address all issues in dispute.
You will get to preview a copy of a draft Settlement Agreement when you make an offer. Review this document carefully before you finalize your offer.
You can change your offer up to when other parties accept it or abstain from voting on it. Consider your offer carefully because once that happens the Tribunal will issue a binding Settlement Agreement and the case will close.
Offers should be specific, actionable, and identify the parties clearly.
Example settlement offer:
Penelope Chu will pay Ontario Condominium Corporation No. 1234 $50 by Jan. 15, 2023. Ontario Condominium Corporation No. 1234 will deliver paper copies of the minutes of board meetings for 2022 to Penelope Chu at [email protected] by Jan. 31, 2023.
Accepting an Offer
A settlement agreement will be automatically issued and the case will close once everyone agrees to a settlement offer.
You can accept an offer from another party at any time during the process.
Everyone should vote on each offer. You should still vote on each offer, even if it was made by another Applicant or Respondent.
Moving to Stage 2 – Mediation
Applicants can move cases that can’t be resolved through negotiation to Stage 2 – Mediation by paying a $50 non-refundable fee through the Questions and Requests tab.
Any applicant can propose to move to Stage 2 but all other applicants must agree.
The case automatically moves into Stage 1 – Negotiation when everyone joins the case.
Try to contact them outside of the Tribunal’s Dispute Resolution System. If this does not work you may let the Tribunal know by emailing [email protected].
Applicants can do this anytime once they believe they won’t be able to resolve their dispute through negotiation
The Applicant must pay a non-refundable $50 fee to move to Stage 2 – Mediation
The parties can continue to negotiate for as long as they want, and there is no minimum or maximum duration. The case will close automatically if there has been no activity for 30 days.
You should notify the other parties that you are not interested in making or hearing settlement offers via a message in the Message Centre. Applicants can then move to Stage 2 at any time.
Click on the Settlement Offers tab. There you can also update your offer and review current offers.