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

STEP 1: Apply for mediation

  • Parties may elect to pursue mediation to come to a resolution.
  • To request mediation, please contact the Board by phone or email.

STEP 2: Conference call with mediator

  • A conference call with all parties will be conducted to determine deadlines and issues in dispute. 
  • Dates may be set to exchange briefs between parties. 

STEP 3: Preparing for mediation

  • Parties with authority to resolve all issues must attend and participate. If a party is a corporation, the corporate representative must have full knowledge of the matter and unrestricted authority to resolve the dispute. 
  • A lawyer is not required but may attend if you wish.

STEP 4: At mediation

  • The purpose of mediation is to reach a resolution on all issues, or to resolve as many issues as possible, with the assistance of a Board Member acting as the mediator. At mediation, all parties try to reach an agreement to settle their dispute.
  • At the beginning of the mediation, the mediator will set ground rules and outline the procedure to be followed, which may include the following:

•  brief overview by each party of what they view as the issue(s) in dispute and their position containing the same

•  discussion between the parties of the basis for their position

•  confidential meetings between the mediator and each party

•  discussion of possible methods to resolve the dispute

•  decision by the parties whether to agree to the proposed methods of resolution

  • The mediation process is confidential. Information provided at the mediation is without prejudice and cannot be used for any other purpose or referred to at a Hearing or subsequent proceedings. 
  • In the course of the mediation, a party may meet privately with its representative(s), with or without the mediator. If the mediator meets privately with a party, anything said to the mediator by the party or its representative will remain confidential unless the parties waive the confidentiality. The only documents which will be kept by the Board from mediation will be the Mediation Agreement, a Report of Mediation, and a Memorandum of Agreement (if entered into by the parties). All other documents will be destroyed.

STEP 5: After mediation 

  • If 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. 
  • 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 nor will they discuss the mediation process with the presiding panel. The mediator cannot be compelled as a witness in any further proceedings. 
  • Once mediation is over, the parties may have a better understanding of the issues and be more prepared at the 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.