Mediation vs Adjudication at the LTB: Tenant Options in Manitoba

When rental disputes arise in Manitoba, tenants often wonder which is better: mediation or adjudication? Each process at the Residential Tenancies Branch (RTB), the provincial authority handling tenant-landlord disputes, offers advantages for different situations. Understanding both options empowers tenants to handle issues like rent increases, repairs, or termination more confidently.

Who Handles Tenancy Disputes in Manitoba?

All rental housing disputes in Manitoba are dealt with by the Residential Tenancies Branch (RTB). This government office administers the Residential Tenancies Act (Manitoba)^[1], which outlines the rights and processes for both tenants and landlords in the province.

Key Differences: Mediation vs Adjudication

What is Mediation?

Mediation is a voluntary, informal process where an RTB mediator helps tenants and landlords discuss issues to reach a mutual agreement. Solutions can be flexible and tailored to your specific situation. Common topics include unpaid rent, move-out timelines, or repair schedules.

• Voluntary participation: Both sides must agree to mediation.
• Flexible and private: Discussions are confidential and can lead to creative solutions.
• Faster resolution: Mediation is usually quicker than a formal hearing.

What is Adjudication?

Adjudication involves a formal hearing before an RTB officer or adjudicator, who considers evidence and makes a binding decision under the law. This process is generally more structured and results in a legally enforceable order.

• Formal and binding: The adjudicator’s order must be followed by both parties.
• Less flexible: The outcome is determined by the law, not by negotiation.
• Public record: Adjudications are part of the RTB’s official record.

Some situations—like ongoing health or safety risks, or repeated rule violations—may require the authority of an RTB order. For more details on common tenant concerns, see Common Issues Tenants Face and How to Resolve Them.

Which Should You Choose?

Deciding between mediation and adjudication depends on the nature of your dispute, your relationship with your landlord, and your desired outcome. Here’s a quick guide:

• Choose mediation if you want an amicable solution and both parties are open to discussion.
• Choose adjudication if mediation is refused, talks break down, or you need an enforceable decision (e.g., unlawful eviction, repair orders).

For issues that involve obligations or responsibilities, reviewing the Obligations of Landlords and Tenants: Rights and Responsibilities Explained may help you assess which process to pursue.

Getting Started: Forms and Action Steps

Tenants or landlords begin either process by filing the correct RTB application. Here are key forms and how to use them, as of 2024:

• Application for Resolution of Dispute (RTB Form): Used to start a formal process about issues like rent increases, damages, repairs, or notice to move.
  Access the Application for Resolution of Dispute (official RTB site).
  Example: If your landlord refuses to repair a broken heater, complete this form, provide supporting documents (like written requests or photos), and indicate whether you wish to try mediation, adjudication, or both.
• Notice of Hearing: If mediation fails or isn’t chosen, the RTB will schedule a hearing and send you this form with date, time, and instructions. Review it carefully and follow all steps to present your case.

Both forms and guides are provided on the official RTB website for Manitoba. Always keep copies and submit applications promptly—deadlines may apply depending on your dispute.

What to Expect During Each Process

Mediation

• RTB arranges a meeting by phone or in-person (as available)
• A neutral mediator helps both sides talk and find solutions
• If you reach agreement, the mediator drafts a written record that both sides sign
• If no agreement is possible, the issue may proceed to adjudication

Adjudication

• The adjudicator leads a formal hearing (in-person, phone, or video)
• Both sides give evidence: documents, photos, witness statements, etc.
• The adjudicator applies Manitoba law and issues a written, binding decision

An adjudication order is enforceable—and ignoring it could result in penalties or further legal action.

Important Tips for Tenants

• Gather all written evidence and correspondence before applying
• Decide if you want to attempt mediation first—often faster and less stressful
• Ask about interpretation services or accommodations if needed
• Keep track of RTB deadlines to protect your rights

Unsure which path to take? You can consult Manitoba’s RTB for free information or speak to tenant advocacy services for guidance.

Tenant Rights and Landlord Rights in Manitoba provides a detailed overview of legal protections, responsibilities, and local contact information.

To explore options for your next rental or to compare listings, Browse apartments for rent in Canada on Houseme.

1. Can I choose mediation after starting an adjudication process?
   Yes. In some cases, even if you started with adjudication, you may still opt into mediation if both parties agree before the RTB hearing begins.
2. Is the mediator’s agreement legally binding?
   Agreements reached during mediation are documented and can be legally enforceable if both parties sign. If one side fails to comply, you may apply for enforcement through the RTB.
3. Will my landlord know what I said in mediation?
   Mediation discussions are confidential and not shared outside the mediation process unless both parties consent, except as required by law.
4. Do I need a lawyer to participate?
   No, legal representation isn’t required for either process, but you may bring support if you wish.
5. Where do I find official forms and deadlines?
   Forms, deadlines, and process guides are on the Residential Tenancies Branch website.

Key Takeaways for Manitoba Tenants

• Mediation is cooperative and flexible; adjudication is formal and binding.
• Both are accessible through the Residential Tenancies Branch without needing a lawyer.
• Always keep records, understand your options, and act quickly.

Need Help? Resources for Tenants

• Residential Tenancies Branch (Manitoba RTB): For forms, advice, applications and process questions
• RTB Contact: Phone, online form, and in-person locations
• Manitoba Tenants Rights: Tenant Rights and Landlord Rights in Manitoba
• Local tenant advocacy (e.g., Right to Counsel in Manitoba for low-income support)

---

1. Residential Tenancies Act (Manitoba): Full official text
2. Residential Tenancies Branch (RTB): Government of Manitoba

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy