Are you a tenant in British Columbia facing a dispute with your landlord? Understanding the difference between mediation and adjudication can help you choose the best way to resolve issues—from rent increases to maintenance concerns—at the Residential Tenancy Branch (RTB). This guide covers your options, official forms, and tips for tenants across BC.

Understanding Your Dispute Resolution Choices

The RTB, often called the "LTB" in other provinces, manages all residential tenancy disputes in British Columbia. When conflicts arise, such as disagreements about rent, repairs, or ending a rental agreement, you must decide how to proceed. Two main options are available:

• Mediation: A trained mediator helps both sides communicate and reach an agreement.
• Adjudication (Arbitration): An RTB arbitrator listens to both parties and makes a binding legal decision.

Each approach offers unique benefits—knowing the differences ensures you take the path that best fits your situation.

What Is Mediation?

Mediation is a free, voluntary, and confidential process run by an impartial mediator provided by the RTB. The mediator helps you and your landlord talk through the issue and find a solution that works for everyone. Mediation is usually faster and less stressful than a full hearing. If you both agree to a solution, it becomes legally binding.

When Is Mediation a Good Choice?

• Misunderstandings (e.g., about roles and responsibilities)
• Issues where both sides are willing to compromise
• Disputes that are not purely legal (like payment plans, repair timelines, or noise complaints)

What Is Adjudication?

Adjudication—formally called arbitration at the RTB—involves a hearing before an arbitrator who reviews evidence, listens to both sides, and issues a final, binding order. This route is used when you and your landlord can't agree, or if the issue is strictly about enforcing your rights under the law. Hearings are often done by phone, with both parties submitting documents and statements.

When Is Adjudication Best?

• When mediation isn't successful or possible
• Serious legal conflicts (unpaid rent, eviction, withheld deposits)
• One side refuses to participate in mediation

How to Begin: Filing Your Dispute with the RTB

Both mediation and adjudication begin with the same step: submitting an official application to the RTB. The main form tenants use is:

• Application for Dispute Resolution (RTB-26): Use this when you want to resolve disputes like repairs, illegal rent increases, deposit returns, or ending a tenancy.
  Example: If your landlord refuses to repair heating and you’ve already made a written request, you fill out this form to begin the dispute process.
  Access the official form here: Application for Dispute Resolution (RTB-26)

On the form, you can indicate your willingness to participate in mediation. If both parties agree, the RTB will arrange a mediation session. If not, your case will proceed to adjudication by default.

Action Steps for Tenants

• Gather documentation: photos, communication records, evidence of payments or repairs
• Fill out your Application for Dispute Resolution (RTB-26)
• Submit your application and pay the filing fee. If eligible, request a fee waiver
• Wait for the RTB to schedule mediation or a hearing

For detailed info on dispute types, see the Tenant Rights in British Columbia page.

Key Differences: Mediation vs Adjudication in BC

• Voluntary vs. Mandatory: Mediation only happens if both parties agree; adjudication occurs if either side requests it or mediation fails.
• Outcome: Mediation creates a "Mutual Agreement to Resolve a Dispute". Adjudication results in a binding RTB Order.
• Time and Cost: Mediation is usually faster and less costly (no extra fee). Adjudication follows a set process and timelines.

In both routes, decisions are enforceable under BC's Residential Tenancy Act¹. If you have questions about your rights during the process, check the Common Issues Tenants Face and How to Resolve Them guide.

Frequently Asked Questions: Mediation and Adjudication at the RTB

1. Can I change from mediation to adjudication if we can't agree?
   Yes. If mediation fails or if both parties don't agree to try mediation, your dispute will move to adjudication at the RTB.
2. Are all disputes handled by the RTB eligible for mediation?
   No. Some urgent or complex cases, such as certain types of eviction applications or claims involving violence, may go directly to adjudication.
3. Is the decision from RTB adjudication final?
   Generally, yes. RTB orders are legally binding, though either party can apply for "review consideration" if they meet specific criteria.
4. Can I represent myself in mediation or at a hearing?
   Absolutely. Most tenants represent themselves, though you're allowed to bring an advocate, interpreter, or legal representative if you wish.
5. What happens if my landlord doesn't follow a mediation agreement?
   The agreement can be filed with the RTB and enforced in court if the landlord fails to comply.

Summary: Choosing the Best Path

• Mediation helps both sides work together and is quick, free, and informal.
• Adjudication is sometimes necessary for complex or legal disputes—the RTB arbitrator makes a final decision.
• You can always start with mediation and move to adjudication if an agreement isn’t possible.

For more details on your rights during every stage of your tenancy, review the Understanding Rental Deposits: What Tenants Need to Know guide. If you're seeking housing, Find rental homes across Canada on Houseme with helpful search and filter tools.

Need Help? Resources for Tenants

• Residential Tenancy Branch (RTB): Official site for forms, application guides, and dispute resolution
• BC Tenant Resource & Advisory Centre (TRAC): Free tenant information and advocacy in BC
• Provincial Fact Sheet: Tenant Rights in British Columbia

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1. Read the Residential Tenancy Act (British Columbia)

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