Expropriation – Mediation

Overview

The Tribunal offers formal mediation for parties. Mediation is a process where a mediator helps parties to reach a voluntary, mutually acceptable solution on some or all of the issues in dispute.

Mediation allows parties to:

• meet before the hearing
• better understand each other’s point of view
• better understand the issues
• take an active role in resolving the dispute
• identify common interests
• improve communication and future relations between parties
• settle one or more of the issues without having a solution determined by the Tribunal
• be more cost effective

Mediators

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 any sides and cannot make decisions about the dispute.

The mediator:

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

Tribunal members provide mediation services for the Tribunal and bring extensive mediation and adjudication experience to this role.

Process

Step 1. Request mediation

Both parties must agree to pursue mediation.

For further information or to arrange for a mediation, contact the Tribunal.

Email: [email protected]
Phone: 780-427-2444

Step 2. Conference call

The parties may participate in a conference call to determine deadlines and issues in dispute.

Dates may be set to exchange briefs between parties.

Step 3. Preparing for mediation

The parties should bring any information and documents to mediation they think support their position on any issues in dispute. The Tribunal contacts the parties about the exchange of documents before the 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 the party wishes.

Resource: Mediation Guideline

Step 4. During mediation

The purpose of mediation is to reach an agreement on all issues, or to resolve as many issues as possible, with the assistance of a Tribunal 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 sets ground rules and outlines the procedure to be followed, which may include the following:

• parties give a brief overview of what they view as the issue(s) in dispute and their position concerning those issue(s)
• parties discuss the reasons for their position
• confidential meetings between the mediator and each party
• discussion of possible solutions
• parties decide whether to agree to the proposed methods of resolution

The mediation process is confidential and not open to the public. 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.

Costs

The parties may 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 Tribunal hearing.

Private meetings with representatives

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 remains confidential unless the parties waive the confidentiality.

Documents

The Tribunal only keeps the following documents from mediation:

• Agreement to Mediate
• Report of Mediation
• Mediation Memorandum of Agreement (if entered into by the parties)

All other documents will be destroyed.

Step 5: After mediation

Resolved issues

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

Unresolved issues

If mediation does not resolve the issues, the Tribunal 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.

Contact

Connect with the Land and Property Rights Tribunal:

Hours: 8:15 am to 4:30 pm (closed 12 pm to 1 pm, open Monday to Friday, closed statutory holidays)
Phone: 780-427-2444
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-0986
Email: [email protected]

Address:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton, Alberta  T6X 1E9