Mediation

The Benefits of Mediation

There are several benefits to using the mediation services offered by the Tribunal including:

• Mediation is a voluntary and confidential process.
• Mediation encourages collaboration and negotiation between parties.
• Mediation involves the intervention of a mediator, a neutral third-party to assist in resolving a dispute.
• Mediation allows parties to reach an amicable settlement and achieve ultimate resolutions in a way that is not possible to be achieved at hearings.
• Mediation of issues leads to reduced hearing times and faster resolution of disputes.
• Mediation is typically less costly than arbitration.

How to request a mediation

You are required to submit your request for mediation in writing to the Tribunal or you may contact the assigned Case Coordinator. The Ontario Land Tribunal will conduct a Mediation Assessment to determine if the issue or matter is suitable for mediation.

The Tribunal may deny a request for mediation if it is determined that it is frivolous, vexatious or for the purpose of delay; if the mediation would have little or no chance of success; or if adjudication is the more efficacious or more cost-effective for resolution.

Learn more on Mediations by checking the Tribunal’s Mediation Practice Direction, Mediation section on our Hearings Guide or Rule 18 of the OLT’s Rules of Practice and Procedure.

If you would like to ask the OLT to hold a mediation, please fill out our Request for Negotiation Form. There is no cost to hear your matter at the OLT.

You can send the completed form by:

• Mail: 655 Bay Street, Suite 1500 Toronto, ON M5G 1E5
• E-mail: OLT.Registrar@ontario.ca

Please ensure that you also send a copy to the other party (the authority or the owner).

Although mediation is not mandatory, it is recommended for expropriation cases, prior to going to arbitration.  

When the OLT receives your request, you will be sent an acknowledgement letter. This letter will ask you to provide the OLT with your availability for the mediation.

Scheduling your Mediation

Before scheduling your mediation, the OLT looks at:

• Your availability
• The availability of the OLT
• The location of the mediation
• The accessibility of the location

A mediation that deals with land in the Greater Toronto Area (GTA) usually takes place at the OLT’s offices in Toronto. If the subject property is located outside of the GTA, mediations may be held at the local municipal office, a lawyer’s office, or another amenable location. Mediations may also be convened electronically (phone or video).

Before the mediation is confirmed, the OLT must receive the most current appraisal and/or export report(s) relied upon at the mediation. Materials shall be provided electronically to the Tribunal by email at OLT.Registrar@ontario.ca.

Before the date of the mediation, the OLT also requires a list of all the attendees.

Materials Required Before Your Mediation

In order to confirm a mediation date, you will be required to provide current materials to the OLT by electronic submission. Once these are received, your mediation date will be confirmed by return mail.

Examples of materials you could provide are:

• Property appraisals and market evaluations
• Maps
• Aerial photographs
• Other photographs
• Lists of comparable property sales
• Business evaluations
• Tenant agreements
• Any other materials that support your compensation claim

Please email all materials to: OLT.Registrar@ontario.ca.

When your mediation is confirmed, the OLT will send you and the other party a Notice of Mediation that states:

• The location of the mediation
• The time and date of the mediation
• Whether any other materials should be sent to the OLT

If parties settle before mediation, they should inform the OLT so that their mediation can be cancelled.

Closing the Matter

The OLT can close a matter without holding a mediation. This is an administrative closure and happens when parties fail to provide current materials and proposed mediation dates within six months of filing a case. If the case is administratively closed, it can be reopened for mediation once a new Request for Negotiation, current materials from both parties, and proposed dates are provided.