If you aren’t able to reach an agreement during negotiation, the next stage is facilitation. A case manager will help you try to reach an agreement.
By having some control over the outcome, you might be happier with the result.
About 40% of all CRT claims are settled by agreement or withdrawn.
CRT case managers are dispute resolution experts. They are neutral and won’t take sides. They can’t give legal advice, but they may:
- Help clarify the issues in the claim
- Give a neutral, non-binding opinion about the issues in the claim
- Suggest that a participant be added or removed from the claim
- Discuss the importance of evidence, and expert evidence
- Help all the claim participants reach an agreement
How does facilitation work?
Facilitation can be done by phone, email, or both. Some communications are done with all participants, and others might only be between you and the case manager.
If you don’t reach an agreement during negotiation, your case manager will contact you to start facilitation. You might be asked to submit information, like an evidence worksheet. There are usually deadlines.
You might have a session (usually by phone) with the other participants in the claim. Your CRT case manager will mediate the session and try to help you reach an agreement. Or the case manager might decide to have individual sessions with each participant.
Is it private?
Settlement discussions are confidential. In most cases, settlement discussions can’t be disclosed to a tribunal member.
What’s expected of me?
You must treat participants and CRT staff respectfully. Read our Code of Conduct policy for claim participants.
The CRT Rules require everyone to participate in facilitation. If you break the Code of Conduct or don’t participate in facilitation, the claim might be dismissed or continue without your participation. You might not get the decision you want or feel you deserve.
We reached an agreement during facilitation. What’s next?
If all the participants agree on a way to resolve the claim, we can:
- Write a written agreement about your settlement term
- Turn your settlement terms into an official consent resolution order for court enforcement
- Make an official consent dismissal order if all the participants agree to withdraw the claim
We didn’t reach an agreement. What’s next?
If you didn’t reach an agreement during facilitation, the next step is a CRT final decision. That’s when a tribunal member makes a decision based on the law, and the evidence and arguments from the participants. Learn more about a CRT final decision.