This article was first published on rabble.ca. 

Mediation allows for disputes to be resolved quickly, without waiting for a Landlord and Tenant Board hearing.

As a landlord, facing a dispute with a tenant can be overwhelming, time consuming and expensive. Whether the dispute involves rent arrears, maintenance issues or behavioural concerns, heading straight to a hearing at the Landlord and Tenant Board (LTB) isn’t always the best path. Mediation is a dispute resolution service that offers faster, more flexible and often more successful alternative that’s available before a hearing and during a hearing.

Mediation is a voluntary process offered by the LTB where a neutral Dispute Resolution Officer (DRO) assists landlords and tenants reach a mutually acceptable agreement in a confidential setting. The objective of the DRO isn’t to make a determination on who’s right or wrong. Instead, a DRO facilitates discussion so both parties can create a practical solution.

Landlords have two opportunities to engage in mediation. Once an application is filed, parties can log into the Tribunal Online Portal (TOP) and access the Online Dispute Resolution tool to negotiate directly using direct messages or request the assistance from a DRO. This allows parties to explore early settlement without waiting for a hearing date. On the day of the hearing itself, landlords can request mediation by indicating interest to the Moderator at the time of attendance.

The benefits of mediation for landlords are significant, and it often leads to faster resolution. It can reduce costs by avoiding legal fees and extended periods of lost rent. Mediation can also provide more flexible outcomes than a strict LTB order issued by an adjudicator, allowing creative solutions such as tailored payment plans, agreed move-out dates, or specific repair or behavioural arrangements that best suit the situation. Discussions during mediation are confidential, and if mediation is not successful, nothing said during the process can be used against you at a hearing. In many instances, mediation shows that good faith effort was made to resolve the case, and can strengthen a landlord’s position if the matter proceeds further.

To get the most out of the mediation tools available, acting early through the TOP after filing your application is a good first step. It’s important to have evidence on hand to substantiate your position and to have a clear sense of your preferred outcome to relay.

Mediation can be especially effective in rent arrears cases where payment plans could preserve a tenancy, or in smaller maintenance disputes where both sides want to avoid escalation. Mediation might be less sensible in cases involving serious damage or illegal conduct.

Mediation puts you in control and can deliver practical results that work better than a hearing. With ongoing pressures in the market, smart landlords should consider mediation early in disputes to protect their investment and reduce unnecessary stresses.

Filed in: Housing