During a facilitated settlement conference, a case facilitator helps landlords and tenants work together to resolve their issues. If the parties reach an agreement, the facilitator can turn those settlement terms into an order that is enforceable through the courts.
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When you apply for dispute resolution, Residential Tenancy Branch staff will review your application. They will decide if it is suitable for a facilitated settlement conference or if you would be better served by a participatory hearing.
You will know if your dispute has been scheduled for facilitation because it will say so in the Notice of Proceeding package. If you are scheduled for facilitation, you must attend. If you can’t attend, you must send an agent who has written permission to act on your behalf. Learn more about agents in Policy Guideline 26: Advocates, Agents and Assistants (PDF, 193KB).
The applicant must serve the Notice of Proceeding package to the other person within 3 days of receiving it. There are detailed instructions for serving the Notice of Proceeding package.
Both parties must collect, file, and serve evidence before the conference. It’s important that you find and submit evidence to support your case and meet all required service deadlines. Get detailed instructions for organizing, submitting and serving evidence.
Case facilitators manage the settlement conference. They are neutral, which means they won’t take sides or give legal advice. Prior to the conference, the case facilitator may contact you to give you information and instructions.
Facilitation takes place by teleconference. During the conference, the case facilitator may speak with the parties together or individually.
During the conference, the facilitator will:
If you don’t reach an agreement, the case facilitator will use the rest of the conference to prepare you for a standard participatory hearing.
If you reach an agreement, the case facilitator can issue an order that can be enforced through the courts. This might include an Order of Possession or a Monetary Order, depending on the situation.
If one or both parties does not attend the settlement conference, the case facilitator may make a final and binding decision.
If an agreement is not possible, the dispute will be scheduled for a standard participatory hearing.
For information on the rules for the facilitated settlement process:
Contact the Residential Tenancy Branch for information, education, resources and dispute resolution services for tenants and landlords.