The usual and preferred practice of the Tribunal is that a member who conducts a mediation does not conduct the hearing. When a Tribunal member is assigned to conduct a hearing, they may request that a mediator contact the parties to explore the possibility of settlement.
If a hearing is starting and the parties express interest in mediation, the member will determine if a mediator is available.
In the rare case where a mediator is not available, the member may discuss with the parties the possibility of the member first conducting the mediation and, if no settlement is reached, conducting a hearing of the complaint. The member will only proceed if the parties agree to and sign the Agreement to Participate in Mediation with Presiding Member.
The member must explain to the parties that:
Example: A person may acknowledge they said or did something that they deny that they said or did.
Example: A person may offer to settle the complaint for an amount that is different from the amount they think the Tribunal should order.
If a party is self-represented, the Tribunal member should ask them whether they would like to get independent legal advice regarding whether they should agree to this process. The member should advise that the party may contact a lawyer of their choice.
All participants must sign the Agreement to Participate in Mediation with Presiding Member.