How mediation works
A trained mediation and dispute resolution expert will be assigned to your case. CAT mediators are experts in mediation and dispute resolution and they will work with the parties to try to resolve dispute.
The mediation process may be slightly different for each case. The mediator will decide how to conduct the mediation and will let the parties know what to do when they join the case.
CAT Mediators can do many things to help resolve the case, including:
- Clarify the issues of the dispute
- Help you understand your rights and responsibilities
- Help you identify common ground
- Facilitate communication with you and the other party
- Provide feedback on your position and arguments
- Suggest possible solutions
Mediators use the Settlement Offers tab to propose possible ways to resolve issues. Parties can review the mediator’s proposals and can vote on the proposals to let the mediator know their thoughts.
Mediators can close the case if the parties agree to resolve the issues in dispute by releasing a settlement agreement or by issuing a consent order.
Parties can move to Stage 3 – Tribunal Decision if the mediator decides that the users have been unable to resolve the issues with their help during Stage 2.
Differences between Settlement Agreements and Consent Orders
There are three important differences between settlement agreements and consent orders.
What they contain
A Settlement Agreement is an agreement between the parties and it can include anything that they are willing to agree to.
A Consent Order is an order issued by the CAT Mediator and can only include things that the CAT has the legal authority to order the parties to do.
The CAT may not have the legal authority to order parties to do the things they are willing to agree on. In these cases, your Mediator may suggest that you resolve your case by the way of a settlement agreement rather than a consent order.
What happens if the parties don’t follow them
Applicants can compel respondents who don’t follow a mutually agreed upon settlement agreements to comply by filing a new case with the CAT. The Tribunal will consider the facts presented before it and may release a consent order.
Parties that want consent orders enforced must file a case through the courts.
If they are made public
Settlement agreements are private and confidential and are not published by the Tribunal.
Consent orders are published and made available to the public.
Moving to Stage 3 – Tribunal decision
The Mediator will allow the applicant to move the case to Stage 3 – Tribunal Decision if the parties cannot resolve their dispute in Mediation.
Applicants need the Mediator’s permission and pay a $125 non-refundable fee through the Questions and Requests tab.
All of the applicants must agree to moving to Stage 3 if there are multiple applicants.
Only the Primary Applicant can pay the $125 fee and move the case to Stage 3.
The mediator will prepare a Stage 2 – Summary and Order after Stage 3 payment is made. This document is a summary of the issues and can set out several requirements for Stage 3.
The Applicant must pay a non-refundable $50 fee to move to Stage 2 – Mediation.
No, you must begin with Stage 1 – Negotiation.
Applicants have 15 days to move a case forward to Stage 3 once the Mediator gives them permission to do so. The case will be closed if it does not move forward within this time.
The Applicant(s) can move the case to Stage 3 – Tribunal Decision after the Mediator has given you permission.