Stage 2 - Mediation

When the Applicant moves the case to Stage 2 – Mediation, the case will be assigned to a CAT Mediator. CAT Mediators are experts in mediation and dispute resolution, and they will work with the Users try to resolve the issues in dispute.

The Mediation process may be slightly different for each case. The Mediator will decide how to conduct the Mediation and will let the Users know what to do when they join the case.

Stage 2 - Mediation: FAQs 

 
 

User Guide

In addition to the information below, the CAT has developed a guide to help Users understand and use the CAT’s online system in Stage 2 - Mediation.

Role of the Mediator

The Mediator can do many things to help resolve the case, including:

  • Helping to clarify the issues in dispute
  • Helping Users understand their rights and responsibilities
  • Helping Users identify things they can agree on
  • Communicating with the Users, either together or separately
  • Giving their thoughts about each User’s arguments or position
  • Suggesting possible settlements to the Users

Mediator’s Proposals

Once the Mediator has had a chance to review the case and hear from the Users, the Mediator uses the Settlement Offers tab to propose possible ways to resolve the issues to the Users. Users can review proposals made by the Mediator in this tab and can let the Mediator know their thoughts. Unlike in Stage 1 – Negotiation, in Mediation, only the Mediator can propose ways to resolve the dispute.

If the Users can agree to resolve the issues in dispute, the Mediator can close the case in two different ways:

  • By releasing a Settlement Agreement, or
  • By issuing a Consent Order.

There are three important differences between Settlement Agreements and Consent Orders:

  1. What they contain
  • A Settlement Agreement is an agreement between the two users and it can include anything that the Users are willing to agree on.
  • 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 Users to do.

Sometimes, the CAT may not have the legal authority to order the Users 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.

  1. What happens if the Users don’t follow them
  • If a User does not comply with a settlement agreement, then the other User may need to file another case with the CAT asking for an order that requires them to comply.
  • If a User does not comply with a consent order, the other User can enforce the order through the courts.

Click here for more information on what happens after your case .

  1. Whether they are published
  • Settlement Agreements are private and confidential and will not be published by the CAT.
  • Consent Orders however, are orders of the Tribunal and will be published and made publicly available by the CAT.

Click here for more information about what the CAT publishes.

Moving to the Stage 3 - Tribunal Decision

If the Users are unable to resolve the issues in dispute with the help of the Mediator in Stage 2 - Mediation, the Mediator will allow the Applicant to move the case to Stage 3 – Tribunal Decision.

The Applicant move the case to the Tribunal Decision stage only after the Mediator has given them permission. The Applicant must pay the $125.00 non-refundable fee to move the case to Stage 3 – Tribunal Decision.

After the Applicant has moved the case to Stage 3, the Mediator will prepare a Stage 2 Summary and Order. This document will summarize the issues in dispute without including any private or confidential discussions from the Mediation, and may include any orders about procedures the Users must follow in Stage 3.