Your dispute is going to facilitation at the CRT. What does this mean and how can you prepare?
Once a strata property or small claims Dispute Notice has been filed, and the other side has provided its response, you will be instructed by the CRT case manager to participate in a phone call to help facilitate a negotiated agreement. All parties will participate in this mediation.
Minor injury motor vehicle determinations do not go through the facilitation stage – they go straight to a CRT decision.
A case manager in the facilitation stage cannot make a decision about who will win the case. While your case manager may make comments about what they think a CRT adjudicator will decide, most have no legal training. Your best bet is to consult with a lawyer if you have a case before the Civil Resolution Tribunal. A lawyer can help you understand the strength of your position and structure your argument before you start negotiating.
In advance of the facilitated mediation, you should:
- Review the Dispute Notice and Response to Dispute Notice; and
- Review the evidence that you will use to support your claim or response if the dispute goes to adjudication.
At the facilitation, your CRT case manager will help the parties talk about how they might be able to reach a settlement.
If you reach a settlement, then the CRT case manager will send an email outlining the settlement agreement. This email will set out the steps each side will take, and the deadlines by which they have agreed to take the steps.
If no settlement is reached, then the case manager will give the parties the information they need to proceed to the adjudication stage of the CRT process. In the adjudication state, a tribunal member with legal training will review each party’s position and evidence and make a decision in the dispute.