Mediation vs Adjudication at the LTB: Tenant Choices in New Brunswick

If you're facing a disagreement with your landlord in New Brunswick—over rent increases, maintenance, repairs, or ending a lease—you have options for resolving the issue without heading straight to a formal hearing. The Residential Tenancies Tribunal of New Brunswick offers both mediation and adjudication to help tenants and landlords settle disputes effectively. Understanding these options can help you make the right choice for your situation.

Understanding the Residential Tenancies Tribunal in New Brunswick

The Residential Tenancies Tribunal of New Brunswick is the official body that handles disputes between tenants and landlords in the province. It operates under the Residential Tenancies Act (New Brunswick)^[1]. If informal negotiations fail, you can file a complaint or application to this Tribunal to resolve your issue fairly and according to provincial law.

What Is Mediation?

Mediation is a voluntary, confidential process where a neutral third party (the mediator) helps the tenant and landlord reach a mutual agreement. Mediation is generally less formal, less stressful, and quicker than a hearing. In New Brunswick, mediation is an option for most tenancy disputes—such as disagreements over repairs, deposits, or even lease terminations.

• Mediators don't make decisions, but guide parties to find common ground.
• If an agreement is reached, the terms can be formalized as a binding order.
• Mediation offers flexibility—both parties help shape the solution.

What Is Adjudication?

Adjudication means a hearing where an officer of the Residential Tenancies Tribunal (the adjudicator) listens to both sides and then makes a binding decision (an order). This route is more formal and usually reserved for cases where:

• Mediation fails, or isn’t appropriate due to urgency or complex legal issues
• A party wants a decision enforced by law
• One party refuses to participate in mediation

Hearings can be held in person, by phone, or in writing. The adjudicator’s decision is final and enforceable through the courts if needed.

Mediation vs. Adjudication: Key Differences

Choosing the right path depends on your needs and situation. Here’s how mediation and adjudication compare:

• Control: Mediation lets both parties craft the outcome, whereas adjudication leaves the decision to the Tribunal.
• Time & Cost: Mediation is typically faster and less costly. Adjudication can involve delays if hearings are scheduled far ahead.
• Formality: Mediation is informal; adjudication follows stricter rules and procedures.
• Outcome: Both mediation agreements and adjudication decisions are enforceable, but mediation is only binding if both parties agree.

Practical Example

If a tenant believes a landlord hasn’t returned a damage deposit on time, they could first try mediation to work out an agreement, perhaps allowing extra time or clarifying damage claims. If talks break down, adjudication would let a Tribunal officer review evidence and issue a binding order.

Applying for Mediation or Adjudication: Forms & Action Steps

To start the dispute process, tenants must file the correct application form with the Tribunal:

• Application to the Residential Tenancies Tribunal (Form not formally numbered)
  Use this form for most disputes: deposit returns, repairs, evictions, or violations of tenancy law. Find the Application Form here.

Step-by-step action:

• Complete the online or paper application form with details of your issue.
• Indicate on the form if you prefer mediation, adjudication, or are open to either.
• Submit your completed form to the Tribunal (online, by mail, or in person).
• The Tribunal will contact both parties to set up either mediation or a hearing, based on preferences and circumstances.

A Tribunal officer may suggest mediation first, but you can request a hearing (adjudication) if mediation isn’t suitable.

Where to Find More Information

• Tenant Rights and Landlord Rights in New Brunswick — A helpful summary of renter and landlord obligations.
• Understanding Rental Deposits: What Tenants Need to Know — Learn about deposits, refunds, and related disputes.
• Browse apartments for rent in Canada with Canada’s best rental listings platform.

FAQ: Dispute Resolution at the New Brunswick LTB

1. What types of issues can be resolved through mediation?
   Most disagreements, including repairs, deposits, notice periods, and minor lease violations, can go through mediation.
2. Is an agreement in mediation legally binding?
   Yes, if both sides agree and the Tribunal formalizes it, the mediated agreement is enforceable.
3. What happens if mediation fails?
   If no agreement is reached, the case automatically proceeds to adjudication for a formal decision.
4. Do I need a lawyer for mediation or adjudication?
   No, you can represent yourself, but you may bring a friend, helper, or legal representative if you wish.
5. How long does the entire process take?
   Mediation can take days to weeks, while adjudication may take longer depending on the Tribunal’s schedule.

Key Takeaways

• Mediation is voluntary and can resolve disputes quickly and amicably.
• Adjudication offers a binding decision but is more formal and structured.
• Always file the correct application with the Tribunal and indicate your preferred resolution method.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Official site for forms, procedural guides, and contact information.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant rights guides, sample letters, and live support.
• For details on provincewide rights and processes, see Tenant Rights and Landlord Rights in New Brunswick.

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1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal of New Brunswick

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