During and after the tribunal dispute resolution (TDR)

During the TDR

The following is a general idea of what happens during the TDR conference. The TDR member may vary this approach.

  1. The parties will sign into the Zoom meeting. The TDR member starts the meeting by introducing everyone and going over what will happen during the TDR.

  2. The TDR member will put the parties in separate breakout rooms and independently ask for their settlement offers. The TDR member will then tell it to the other party and give them time to review it.
    • The other party might accept the settlement offer or they may come back with their own offer (sometimes called a "counter offer").
    • In many cases, the complainant and respondent start out very far apart, but the TDR member works to bring the parties closer together. The TDR member may tell the complainant and respondent the strengths and weaknesses they see in their cases. This may help the parties try to settle the complaint in a way that could have a better result than if it went to tribunal hearing.
    • The parties are free to accept or reject the offer.
  3. The TDR will end with either:
    • The parties coming to a verbal settlement agreement,
    • The parties not coming to a settlement agreement, but wanting a bit more time to think about the offers before deciding on their next steps, or
    • The parties not coming to a settlement agreement and the complaint proceeds to a tribunal hearing.

After the TDR

If the parties were able to agree to a settlement, they will work together after the TDR to draft and sign the settlement agreement. Once the agreement is signed and fulfilled, the parties are expected to notify the Tribunal Office that the complaint file can be closed.

If the parties were not able to agree to a settlement in the TDR, the matter will go to a tribunal hearing. The TDR member involved in the TDR will not be involved in the hearing. The Tribunal Registrar will contact the parties to explain the next steps.

 

Revised: March 12, 2021


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