Mediation or Adjudication at the NL LTB: Which Is Better?

If you are a tenant in Newfoundland and Labrador facing issues such as a rent increase, eviction, or maintenance dispute, it’s important to know your options for resolving conflicts with your landlord. The Residential Tenancies Board (RTB) provides two main paths for dispute resolution: mediation and adjudication. Each has its own advantages, procedures, and uses depending on your situation.

Understanding Dispute Resolution at the Newfoundland and Labrador RTB

The Residential Tenancies Board of Newfoundland and Labrador is the official body that helps resolve renting disputes between tenants and landlords. Their decisions are guided by the Residential Tenancies Act¹, the main legislation governing rental relationships in this province. When disputes arise, you can choose between voluntary mediation or a formal hearing (adjudication).

What Is Mediation?

Mediation is a voluntary process where an impartial Residential Tenancies Officer helps tenants and landlords reach an agreement. The mediator does not make a binding decision but instead guides both parties towards a solution both can accept. Mediation is confidential and usually less formal.

• Best for: Situations where both parties are willing to negotiate, such as small repair disputes or misunderstandings about rent payments.
• Benefits: Fast, low-stress, and often helps preserve the tenant-landlord relationship.
• Outcome: If an agreement is reached, it’s written down and becomes binding.

Common Uses for Mediation

• Negotiating payment plans for overdue rent
• Disputes about noise, visitors, or parking
• Clarifying maintenance or repair responsibilities (Routine Repairs in Rental Units: Tenant and Landlord Responsibilities)

What Is Adjudication?

Adjudication means a formal hearing in front of a Residential Tenancies Officer, who listens to evidence from both sides and issues a legally binding decision. You and your landlord present your cases, and the officer makes a ruling based on the facts and the Residential Tenancies Act.

• Best for: Disputes where no agreement can be reached, or when quick, enforceable resolution is needed (e.g., eviction notice challenges, substantial rent arrears).
• Outcome: The officer’s decision is binding and can be enforced like a court order.

Summary: Mediation is collaborative and informal; adjudication is formal and binding. The right choice depends on your relationship with your landlord, the urgency of the issue, and willingness to negotiate.

Steps to Resolve a Dispute at the NL Residential Tenancies Board

1. Try to resolve the issue directly. Communicate with your landlord, use email or keep written records.
2. If unsuccessful, apply for dispute resolution. Choose mediation or adjudication through the RTB.
3. Complete the required forms:
   • Application Form (RTB-01): Use this to start the process—choose mediation/adjudication. Find it here.
     Example: If your landlord won’t fix a serious maintenance problem, use the RTB-01 to start either mediation or request a formal hearing.
   • If applying for a rent increase dispute, include supporting documentation.
   • Serve notice to your landlord as directed in the form guide.
4. Attend scheduled mediation or adjudication session.
5. Follow the outcome. If you mediated, sign the agreement. If you had a hearing, follow the officer’s order. If either party does not comply, contact the RTB for next steps.

For tenants, knowing your obligations can help prevent disputes in the first place. It’s important to understand both your rights and your responsibilities throughout your tenancy. For more details, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

When to Choose Mediation or Adjudication?

• Choose Mediation if you think an agreement can be reached and want to keep things low-conflict.
• Choose Adjudication if your landlord refuses to cooperate or your legal rights may be at risk.

If you’re unsure what will work best, the RTB staff can explain both options and help you make an informed decision.

For a full overview of tenant and landlord rights in your province, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Looking for a new place to call home after resolving a dispute? Find rental homes across Canada on Houseme.

Frequently Asked Questions about Resolving Tenant Disputes at the NL RTB

1. What’s the difference between mediation and adjudication at the RTB?
   Mediation is voluntary and collaborative, aiming for an agreed resolution. Adjudication is a formal hearing where an RTB officer makes the decision, which both parties must follow.
2. Is mediation mandatory before going to adjudication?
   No. Either party can choose to proceed directly to a hearing if they prefer not to mediate, or if mediation fails.
3. Are decisions made in mediation binding?
   Yes, but only if both parties agree and sign the mediated agreement—it then has the same effect as an order from the RTB.
4. Can I bring someone to a mediation or adjudication session?
   Yes, you may have support, such as a friend, advocate, or interpreter. Inform the RTB in advance if special accommodations are needed.
5. Where do I access official forms for starting a dispute?
   Forms, including the Application Form (RTB-01), are available from the Newfoundland and Labrador Residential Tenancies Board forms page.

Conclusion: Key Takeaways for NL Tenants

• Mediation is a helpful first step if you want to cooperate with your landlord.
• Adjudication offers a clear and enforceable ruling when negotiation is not possible.
• Start by resolving problems directly but know that the RTB provides tenant-focused options for fair outcomes.

When disputes do arise, being informed about your options and rights, as well as acting promptly, increases your chance for a positive resolution.

Need Help? Resources for Tenants in Newfoundland and Labrador

• Residential Tenancies Board – Inquiry Line: 1-877-829-2608
• Public Legal Information Association of Newfoundland and Labrador (PLIAN) – Free legal information
• Newfoundland and Labrador Housing Corporation – Tenant support and affordable housing

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1. Residential Tenancies Act (Newfoundland and Labrador)

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