CDRT Mediation — Stage 2 of an Alberta tribunal dispute
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Mediation is a confidential video conference with a tribunal Mediator who helps both sides try to settle. It's the second stage of a CDRT dispute, and it only happens if both parties agree to participate.
What it is
Mediation sits between the informal Guided Negotiation chat and the formal Adjudication hearing. A CDRT-appointed Mediator (often a Member of the tribunal) facilitates a discussion between you and the corporation. The Mediator does notdecide the case — they help the parties reach their own resolution.
Per s.22 of the CDRT Policies and Procedures, the Mediator has discretion to:
- Facilitate discussion between the parties toward a resolution.
- Meet with parties individually or together.
- Schedule further mediation time at a cost split between the parties.
- Draft a mediation agreement signed by the parties.
- End the mediation if continued discussion would be unsuccessful.
Who has to agree
Both parties must agree to participate. The corporation can refuse, and so can you. If either side refuses, the case skips mediation and goes straight to adjudication.
In practice, both sides usually agree to mediation if Guided Negotiation didn't close the gap completely. It's cheaper and faster than adjudication, and a Mediator's framing of the issues often surfaces compromise possibilities neither side saw on their own.
How it works
- If Guided Negotiation didn't resolve the dispute and both parties agree to try mediation, the CDRT Chair assigns a Mediator and schedules a session.
- Mediation is held by video conference. (Alternative formats can be arranged with a preliminary application but the default is video.)
- The Mediator typically opens by reviewing the dispute and asking each party to summarize their position. They may then meet with each side separately (“caucus”) to explore what each side actually needs.
- Discussion continues until either an agreement emerges, or the Mediator concludes that further mediation would be unsuccessful.
- If a settlement is reached, the Mediator drafts a mediation agreement that the parties sign.
- If no settlement is reached, the dispute moves to adjudication.
Cost and timing
The first four hours of mediation are included in the $150 application fee. Additional time costs $150 per four-hour block, split between the parties (capped at $300 per day per party). Most fine disputes don't need more than the first four hours.
Realistically, expect mediation to be scheduled 3-8 weeks after Guided Negotiation ends. The session itself usually runs 2-4 hours. If it settles, the agreement is signed within days.
Confidentiality
Mediations are not open to the public. Per s.22(i) of the Policies and Procedures, all records relating to the mediation (except the final signed agreement) must be returned to the parties or destroyed when the process ends. The Mediator is also barred from later sitting on the adjudication panel if mediation fails — that separation protects the confidentiality of anything you said during mediation.
What to prepare for mediation
- A clear written position. What outcome are you seeking? Withdrawal of the fine? Reduction? An agreement about the underlying bylaw interpretation? Be specific.
- Your substantial-compliance + prejudice analysis. The same framework you bring to Guided Negotiation applies here. Frame the issue as: did the notice substantially comply with CPR s.73.7 / s.73.8? If not, what prejudice did you suffer?
- Your bottom line.What's the worst settlement you'd still accept rather than going to adjudication? Know that number going in so the Mediator can help you negotiate around it.
- All documents from Guided Negotiation. The Mediator will read what you exchanged in Stage 1. Bring anything new that surfaced since.
- A quiet, well-lit room with a stable internet connection. Video mediation only works if both sides can actually see and hear each other.
A FineCheck reportgives you the exact substantial-compliance and prejudice framing the tribunal — and therefore the Mediator — will work with. Check my fine →
If mediation fails
The dispute proceeds to Adjudication. That's a formal virtual hearing before a 1-or-3 person panel, with a binding written decision. The adjudication fee is an additional $350 (so $500 total if you go the full distance).
Nothing you said in mediation can be used against you at adjudication — the records are destroyed, and the Mediator is barred from sitting on the adjudication panel. You start adjudication with a clean slate.
Check my fine — $15Source: CDRT Mediation Fact Sheet and s.22 of the CDRT Policies and Procedures, Government of Alberta.