The Land Compensation Board is a quasi-judicial board established by the Expropriation Act. 
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Mediation - FAQs

 

How do I request mediation?

  • Both parties must agree to pursue mediation. 
  • To request mediation, please contact the Board by phone or email. 

Why would I choose mediation?

  • Mediation helps parties better understand each other’s point of view and helps with the flexible resolution of issues. It can improve communication and future relations between the parties. 
  • Mediation allows parties to:

•  meet before the hearing

•  better understand the issues

•  take an active role in resolving the dispute

•  identify common interests

•  settle one or more of the issues without having a solution determined by the Board

•  be more cost effective

 

Who are the mediators and what do they do?

  • Mediators have training and experience in mediation and expropriation. They create a safe environment, encourage discussion, and help the parties find solutions. They do not take anyone’s side and cannot make decisions about the dispute. The mediator:

•  may contact you to explain the mediation process and address any questions you may have

•  is neutral, guides discussions impartially and gives the parties feedback on their ideas

•  encourages parties to look at the pros and cons of the different options for resolving the dispute

•  helps the parties prepare a Mediation Memorandum of Agreement to sign if they reach a settlement

What happens at mediation?

  • At mediation, all parties try to reach an agreement to settle their dispute. At the beginning of the mediation, the mediator guides parties on how the mediation will proceed and sets out the ground rules.

Who should attend the mediation?

  • Parties with authority to resolve all matters must attend and participate in the mediation. If a party is a corporation, the corporate representative must have full knowledge of the matter and unrestricted authority to resolve the dispute. 

What should I bring to the mediation?

  • The mediator will contact the parties about the exchange of documents before the mediation.
  • The parties should bring any information and documents to mediation that they think will be helpful to support their position on any issues in dispute.

Are mediations open to the public?

  • All documents and anything said at mediations are confidential. Unlike a hearing, mediation does not include the public. Discussions in mediation cannot be talked about in a later hearing.

What happens when the parties reach a settlement?

  • If the parties reach a settlement, the mediator helps them prepare a written Mediation Memorandum of Agreement. This document outlines what each party has agreed to do to resolve the dispute.

What is an agreement is not reached in mediation?

  • If mediation does not resolve the issues, then the Board may schedule a hearing. The mediator who guided the mediation will not be assigned to hear the matter. Nothing relating to the mediation, except any matters that have been agreed to, can be revealed to the Board Members presiding at the hearing. Once the mediation is over, the parties may have a better understanding of the issues and be more prepared at the hearing.

What about costs?

  • The parties may decide to discuss costs at the mediation. Agreements about costs may be included in the settlement agreement. If the parties fail to reach an agreement about costs the issue may be addressed at a Board hearing.

 




 
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This website provides general guidance only and is not offered as legal advice. Each case is unique. The details on this website may not apply to every case, or to future decisions of the Board. Please contact the Land Compensation Board office if you have any questions.