We can help you reach a facilitated agreement.
Facilitation is about helping you to resolve your dispute by agreement.
Our facilitators are dispute resolution experts who will help everyone through this process. They are also neutral. That means they won’t take sides. They’ll ask you to provide evidence to support your position.
If your dispute isn’t resolved during facilitation, you can ask an independent CRT member to decide the dispute.
What happens during facilitation?
The facilitation process is flexible, and will depend on the specific circumstances of your dispute. Facilitation usually includes 4 steps:
- Clarifying the Claim: The Facilitator will talk with all parties to make sure they understand what the dispute is about
- Facilitated Mediation: The Facilitator will do a mediation with the parties to see if they can settle the issues
- Exchange of Evidence: The parties will exchange their evidence
- Preparation for the Tribunal Decision Process: If the parties can’t resolve their dispute during Facilitation, the Facilitator will prepare them for the Tribunal Decision Process
What can a CRT facilitator do?
Your CRT facilitator can do a lot of things to help you resolve your dispute, including:
- Help the parties talk about the dispute to see if they can settle the issues
- Provided a non-binding neutral response
- Communicate with each party individually
- Recommend that a party be added to the dispute, or removed from the dispute
- Help the applicant describe what they want
- Help the parties to figure out what evidence is needed and exchange that evidence with the other parties
What if we can’t reach an agreement in facilitation?
If you can’t reach an agreement, the facilitator will help everyone get ready for the Tribunal Decision Process. That’s when an independent CRT member decides your dispute. Your facilitator will explain how that process works, and what you need to do for it.
What is a dispute withdrawal?
An applicant who starts a CRT dispute but decides not to go ahead with it can ask the CRT to withdraw the dispute.
A withdrawal doesn’t count as a final resolution of the dispute.
What is a dismissal?
If you’ve started a dispute with the CRT but decide the dispute should be dismissed without an agreement or a decision being made, all the people in your dispute need to agree.
A dismissal counts as a final resolution of the dispute.
What do I need to know about evidence?
Evidence is information that helps prove or disprove a fact. Evidence can include a lot of different things. Here are some common examples of evidence and why they may help resolve your dispute.
- To show the terms of an agreement or contract that people are disputing
- To show an estimate of how much it will cost to repair or replace something that was damaged, lost, or taken
- To show a policy or set of bylaws that applies to the dispute
- To show a letter or other correspondence that someone sent to another person making a promise to do something
- To show a letter or other correspondence
- To show a report provided by a doctor or another expert about something in the dispute
- To show the place where damage or harm occurred to someone or something
- To show the damage that happened to someone or something
- To show what the work someone did looked like when it was finished
- To show how a product that someone purchased looked when it was delivered
- To show a place but with more detail, including action and sound
- To show how a thing works or operates
- To show a person doing something
- To show how an event happened
How does the CRT use evidence?
Evidence helps everyone understand the facts in a dispute. This better understanding helps parties identify possible resolutions to their disputes.
It can also help parties understand the strength of their case, and how to explain it to the CRT.
Who will see my evidence?
Evidence you provide will be seen by the CRT and other parties in your dispute.
At some point, a member of the public may ask for permission to see the evidence. The CRT will decide if their request meets our policy for public access to evidence.
How do I submit my evidence?
The facilitator may ask you or the other parties to provide evidence.
If your dispute goes to an independent CRT member for a decision, you’ll have another opportunity to provide your evidence, and to request evidence from the other parties.
The easiest way to provide evidence is to create a digital copy (such as a Word or PDF document, photo file, or video file). You can submit your evidence online by logging in to your dispute.
If you want to submit a document or photo that’s not in a digital format, try scanning it to create a digital copy. In some cases, you might be able to take a clear, focused picture of it with a smartphone or tablet. You can then upload this picture.
If your facilitator or CRT member decides they want to see an original or better copy of digital evidence you created, they might ask you for it later.
What if I can’t create a digital copy of my evidence?
If you can’t create a digital copy of evidence you want to provide to the CRT, submit a description of your evidence instead. Your description should say that you have the evidence but couldn’t create a digital copy.
Your facilitator will talk to you about this evidence if it becomes necessary. If your dispute requires a decision from a CRT member, you may need to provide the evidence by mail or fax.
How much evidence should I provide?
As a starting point, provide the evidence that explains your claim or explains why you are not responsible for a claim someone is making against you. Try to keep it focused on the dispute.
What is expert evidence?
Expert evidence can help show what is wrong, how it happened, what might happen if it’s not fixed or how it can be fixed. An expert is more convincing if they are licensed or certified and have lots of experience with this specific problem.
Sometimes, each party will have their own expert. But if parties can agree on an expert to use, it can help focus on the problem and resolution. This is appropriate when the parties agree that a problem exists but can’t agree on other issues, like how it happened. It will also help to keep costs down for both parties.
What if I have evidence that helps the other side in my dispute?
Resolutions at the CRT should be based on all the available facts. That means that parties must provide any information that helps to prove or disprove a claim in the dispute.
It’s wrong to cover up evidence that relates to the dispute, even if it hurts your claim.
It is an offence under the Civil Resolution Tribunal Act to provide false or misleading information to the CRT.
What if I have privacy concerns about my evidence?
The CRT must balance the need to protect parties’ sensitive information with the need for the public to see how the CRT makes its decisions.
If you have privacy concerns about your evidence, please discuss this with your facilitator, or the CRT member assigned to decide your dispute.
In certain circumstances, the CRT may decide not to release information publicly, depending on the potential harm to the affected person.
To help protect the privacy of others, please avoid providing evidence about someone else unless it explains the facts in your dispute.