Tribunal Decision Process
What is the tribunal decision process?
If you can’t resolve your dispute by agreement during negotiation or facilitation, you can request it go through the tribunal decision process, also known as adjudication. This process is adversarial. This means that one of the CRT’s tribunal members will consider the evidence and the parties’ arguments and make a binding decision. The CRT member may also make orders for the parties to pay money or do certain things.
How does the tribunal decision process work?
The facilitator will usually help the parties to create a tribunal Decision Plan to get ready for the tribunal decision process. This plan will include timelines for you to provide the CRT and the other parties with the evidence and arguments you want the tribunal member to consider.
You will also get a chance to respond to evidence and arguments provided by the other parties.
All of this information will go to the tribunal member assigned to decide the dispute. However, communications between the parties to try to reach an agreement during the facilitation phase are confidential, and are not provided to the tribunal member.
In the tribunal decision process, a CRT member considers each party’s arguments and evidence. This is usually done in writing. Sometimes telephone or video is used too. The CRT member will apply the law to the evidence, consider the parties’ arguments, and make a decision about how to resolve the dispute. The decision is binding and enforceable, just like a court order.
Can I use a lawyer?
You are welcome to use a lawyer or a trusted friend or family member to help you with negotiation, facilitation, and the tribunal decision process. But it’s important for you to be there to speak for yourself in the dispute too.
If you are a minor or have impaired mental capacity, you are also welcome to use a lawyer to represent you. If you are a minor involved in a personal injury claim, you must use a lawyer to represent you.
If you have other reasons for wanting a lawyer or other trusted friend or family member to do all the talking for you, just let us know in the application form and we’ll consider your request.
The CRT process allows people to resolve their disputes at different times, from different places, in ways that work best for them. Everyone doesn’t have to show up at the same place, with limited time to get things done. If you need to take a bit of time to think, we encourage you to consult a trusted helper or get legal advice.
How will I find out about the tribunal’s decision?
The tribunal’s decisions are in writing. A copy of the decision will be sent to all parties, either by email, mail, or fax. With some exceptions, decisions are also published on the CRT website.