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The Branch tries to mediate all disagreements
between people, except for complaints about rent increases. Rent
increase decisions are based on procedures set out by
The
Residential Tenancies Act and
regulations.
Mediation is available from the time a dispute
arises. However, mediation can only happen if everyone agrees to
participate.
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focus on helping people solve the problem;
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oversee the discussion, identify common ground and help people
look at possible solutions;
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make sure that the agreement is allowed under
The
Residential Tenancies Act;
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keep discussion going.
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decide who is right or wrong;
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solve the problem, but will help people reach their own
agreement;
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offer legal advice;
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judge guilt or innocence;
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take sides.
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Mediation is a confidential and voluntary
process.
If mediation isn’t successful, the Branch may
make a decision or issue an Order. When making a decision or issuing
an Order, the Branch doesn’t consider any offers or counteroffers
people may have made to try to resolve the problem. The Branch also
doesn’t consider any information provided by a party during
mediation unless that party asks that the information go to a
hearing officer. For example: estimates or quotes for work to be
done, third party statements.
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The parties involved in a dispute can’t ask a
mediation officer to give evidence.
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When there is a mediated agreement, it is
binding. If either party doesn’t live up to the terms of an
agreement, the Branch may issue an Order to comply. Section 153(5)
of the Act gives the Branch the authority to issue the order.
The mediation officer is responsible to confirm the terms of the
Order. However, another officer or manager will actually issue the
Order. If the Branch issues an Order, it’s a matter of public record
and can’t be appealed.
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When a landlord gives a tenant a
warning letter
or a notice of termination, either the landlord or tenant may ask
the Branch to try to resolve the problem through mediation. In some
cases, the tenant might agree to move on a specific date. The Branch
can issue a mediated agreement to confirm that the tenancy will end
on that date. If the tenant doesn’t move as agreed, the landlord can
ask the Branch to issue an Order of Possession. The landlord does
not have to complete an Application for an Order of Possession and
attend a hearing. However, to receive an Order, the landlord must
pay $60.00, the same amount as the filing fee for an Application.
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A mediated agreement often includes a plan for a
tenant to pay a landlord specific amounts on specific dates. If the
tenant misses a payment or pays late, the Branch can order the
tenant to pay the outstanding balance, unless the mediated agreement
says otherwise.
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In some cases, a claimant may agree to reduce the
amount of their claim and allow the respondent to make payments on
the reduced amount. When this happens, the claimant may ask that, if
the respondent doesn’t pay:
The mediated agreement will show the terms of the
agreement and what will happen if the respondent defaults on a term.
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When mediating a claim for compensation or order
of possession, the Branch tries to speak to everyone named on the
claim form or application. In some cases, the Branch may not be able
to contact all of the respondents. If the claimant decides to go
ahead with a mediated agreement, the agreement is only binding on
the person or people the Branch speaks to directly.
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When a claimant files a claim against more than
one person, each respondent may offer to pay a portion of the claim.
If the claimant agrees to accept the offer, the mediated agreement
may show how much each respondent is responsible to pay. The
agreement will also show what will happen if one of the respondents
doesn’t pay. The agreement may show that the claimant will receive
an Order against the one person who doesn’t pay or an Order against
all the respondents. When helping a landlord and tenant come to an
agreement, the Branch always tells a landlord and tenant about the
sections of the Act, the regulations and the policies that
cover their situation. The Branch won’t issue a mediated agreement
that includes something that is against the Act or the
regulations.
However, sometimes a landlord and tenant may want
to include something in a mediated agreement that’s contrary to
Branch policy. For example: A tenant may agree to a landlord’s
full claim for costs even though, because of policy, the Branch may
not award all the costs at a claim for compensation hearing. If,
after getting all the information, a landlord or tenant may still
want to agree to something outside a policy, the Branch will include
it in the agreement. In the agreement, the Branch will show that the
landlord or tenant knew about the policy, but chose to do otherwise.
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