How to Prepare for a Mediation Session at the LTB
What to bring and how a mediation session actually unfolds.
What to bring and how a mediation session actually unfolds.
Mediation at the Landlord and Tenant Board (LTB) is generally a voluntary, informal process where a trained mediator helps a landlord and tenant try to reach their own agreement about a dispute, rather than having a Board member decide the outcome after a hearing. It is generally offered as an option before a scheduled hearing, and either side can generally choose not to participate and proceed straight to the hearing instead.
Unlike a hearing, a mediator does not generally decide who is right or make an order. Their role is generally to help both sides communicate, identify what each actually wants, and explore whether there's a workable solution that avoids the time and uncertainty of a full hearing. Our comparison of mediation versus a hearing at the LTB covers this distinction in more depth, including when mediation tends to make sense and when it doesn't.
Mediation is generally most useful where there's some realistic room for compromise — for example, a landlord willing to complete a repair on a set timeline in exchange for a tenant withdrawing part of a claim, or a payment plan both sides can actually live with. It tends to be less useful where one side simply denies the underlying facts altogether, or where a tenant genuinely needs a binding, enforceable finding on a legal question rather than a negotiated middle ground. Thinking honestly about which category your situation falls into before the day of the hearing can help you decide how much energy to put into the mediation stage versus preparing for the hearing itself.
Anything discussed in mediation is generally confidential and generally cannot be used against you later if mediation doesn't result in an agreement and the matter proceeds to a hearing in front of a different Board member.
Mediation tends to go better when a tenant has thought through, in advance, what result would actually resolve the problem, rather than walking in only with a sense of what feels unfair.
Even though mediation is informal, coming prepared with the key facts and documents generally makes the conversation more productive and makes any agreement reached more likely to hold up.
Reviewing our general guide to what happens at an LTB hearing is also useful background, since mediation often happens on the same day as a scheduled hearing, before or instead of it. Having everything organized into a single, simple package before you leave home — rather than searching through emails or a phone's photo roll in the hallway outside the hearing room — tends to make a real difference to how smoothly the conversation goes once mediation actually starts.
Understanding the practical flow of the day can reduce a lot of unnecessary stress, since a lot of the anxiety around mediation generally comes from simply not knowing what to expect once you walk in the door.
Some tenants assume that agreeing to mediation means giving up their right to a hearing. In most cases, if mediation does not result in a signed agreement, the matter generally proceeds to a hearing as originally scheduled, in front of a different member who was not involved in the mediation discussion.
Once the session begins, how you engage can meaningfully affect whether a workable agreement is reached.
If mediation results in an agreement, it is generally written up and signed by both parties, and once filed it generally becomes an order of the LTB with the same enforceability as an order issued after a hearing — our LTB orders and enforcement guide explains what that means in practice. If mediation does not result in an agreement, the matter generally proceeds to a hearing, often later the same day or on a later scheduled date, and nothing said during mediation is generally used as evidence at that hearing.
It's worth keeping a personal copy of any signed mediated agreement, since you may need to refer back to its specific terms, including deadlines, later on. If the other side later fails to follow through on what was agreed, you generally don't need to start the process over from scratch — a filed mediated agreement can generally be enforced the same way as any other LTB order, which is one of the real practical advantages of resolving a dispute this way rather than relying on an informal, unwritten understanding.
A number of avoidable issues tend to reduce how productive a mediation session turns out to be.
Generally no, mediation is voluntary, and either the landlord or the tenant can decline it and proceed directly to a hearing instead.
Not necessarily, though you're generally permitted to bring one if you have representation, and for a complex dispute getting advice beforehand is usually worthwhile even if you attend mediation yourself.
In most cases, the matter simply proceeds to a hearing as originally scheduled, generally in front of a different Board member than the mediator.
Generally, yes. Once signed and filed, a mediated agreement generally becomes an order of the LTB, enforceable in essentially the same way as an order made after a hearing.
Generally no, mediation discussions are treated as confidential, and statements made there are generally not admissible as evidence if the matter later proceeds to a hearing.
This varies, but sessions are generally time-limited and often scheduled for a set block of time on the same day as the hearing, so coming prepared helps make efficient use of it.
Generally, yes, you typically retain the ability to stop participating in mediation and proceed to the scheduled hearing if it isn't working out.
No. A mediator generally does not decide the dispute or issue an order on their own; their role is generally to help both sides try to reach their own agreement.
Generally, photo identification, a written timeline of the dispute, and copies of relevant documents such as the lease, receipts, photos, or written communications with the other side.
It's often offered on the same day as the hearing, immediately before it, though the specific scheduling practice can vary, so checking your Notice of Hearing or the LTB's instructions for your case is worthwhile.
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