For more information, please review the “Mediation” section of our Appeal Guide.
A mediator assigned by the Ontario Land Tribunal (OLT) may chose to visit the expropriated property before meeting the parties to the negotiation. The parties do not have to be present with the mediator at the time of the site visit. The mediators may apply the information from their site visit to try to assist the parties to negotiate a settlement.
Prior to Mediation
Any additional materials a party wishes to rely on during mediation can be subsequently provided to the OLT at least 10 days before the mediation date.
Just prior to the mediation date, the OLT will request a list of attendees and a complete list of materials relied upon at mediation from both parties.
During the Mediation
At the beginning of the mediation, the mediators will review the mediation process that they will follow that day. The OLT’s mandate is to assist the parties to successfully negotiate a settlement of the compensation for the claim by an informal process.
The mediators will:
- Confirm that everyone has the same reports and ask if there are any more materials that are to be referred to.
- Ask if there have been any discussions between the parties since the materials were first provided to the OLT.
- Ask what amounts have been offered to date for discussion.
During the mediation, both sides will be given the opportunity to present the compensation claim and the reasons for the dispute, the facts they agree on, and any areas and opinions where the experts agree and disagree.
After hearing from each of the parties, the mediators will meet with each side alone to discuss the opportunities to settle. The mediators may reconvene with both parties together to discuss areas of agreement and perhaps negotiate further.
If no settlement has been agreed to at the end of the mediation, the mediators may make a recommendation which is not binding on the parties. If there is no settlement at the mediation and the parties would like to reconvene to discuss any unresolved issues, the OLT may set up another mediation with the parties to try again.
After Your Mediation
If the parties settle their disagreement based on a recommendation, the parties do not have to inform the OLT. The OLT does not draft minutes of settlement, nor provide a binding order.
If no settlement is reached during the mediation process, either party may file an appeal for arbitration to the Tribunal. Mediations efforts are without prejudice, and any efforts to settle are confidential. This means that if the parties are unable to reach a settlement, then a position or statement presented at the OLT mediation cannot be raised against that party in a subsequent OLT arbitration or civil proceeding.