Mediation vs Adjudication at the LTB in Nova Scotia

If you're a tenant in Nova Scotia facing a disagreement with your landlord, you have choices in how your dispute is resolved. The Nova Scotia Residential Tenancies Program—often called the "LTB" (Landlord and Tenant Board)—offers both mediation and adjudication. Each approach serves a unique purpose, and understanding them helps you choose the right path for your situation.

The Official Tribunal: Nova Scotia Residential Tenancies Program

All residential tenancy disputes in Nova Scotia are overseen by the Nova Scotia Residential Tenancies Program. This government body administers and enforces the Residential Tenancies Act (Nova Scotia)¹.

What is Mediation?

Mediation is a voluntary process where a neutral mediator helps the tenant and landlord come to an agreement. This can be done over the phone or in person. The goal is to find a solution both sides can live with—quickly, privately, and at little or no cost.

• No need to go to court or a hearing
• Agreements can include flexible solutions beyond what an adjudicator could order
• If both parties agree, the settlement is legally binding

When to Use Mediation

Mediation is best for resolving issues such as:

• Disputes over maintenance and repairs
• Concerns about entry, privacy, or communication
• Timing of rent payment plans
• Early termination agreements

For many common problems, mediation can help tenants and landlords avoid stress and preserve a good relationship. For tips on how to address concerns before they escalate, see How to Handle Complaints in Your Rental: A Tenant’s Guide.

What is Adjudication?

Adjudication is a formal hearing overseen by a Residential Tenancy Officer. If parties can't agree in mediation or prefer a firm ruling, adjudication results in a binding decision. This process is similar to a court hearing but is often faster and less formal.

• The adjudicator listens to both sides and reviews evidence
• A written order is issued, which must be followed by both parties
• Adjudication is mandatory for issues like eviction and certain serious breaches of the Act

The outcome is enforceable by law. Adjudication is the right choice when you need a legal decision or mediation has failed.

Filing a Tenancy Dispute in Nova Scotia: Key Forms and Process

To start either mediation or adjudication, tenants must submit the official application. Here’s what to know:

• Application to Director (Form C): Used for nearly all tenant or landlord applications, including claims for unpaid rent, seeking repairs, deposit disputes, or eviction matters.

How to use it: Download Application to Director (Form C). Fill out details about you, your landlord, your rental address, and the issue in dispute. Submit completed forms to Access Nova Scotia (in person, by mail, or at select Service Nova Scotia offices).

• Notice of Hearing: Issued by the Nova Scotia Residential Tenancies Program upon acceptance of your application. It provides the date and time of your mediation or hearing session.

All forms and procedures can be found on the Nova Scotia Tenancy Forms Page.

Example: Applying for Mediation Over a Repair Issue

If your landlord refuses to fix a broken heater, you can file Form C and request mediation. A mediator will contact both sides and attempt to negotiate a mutually acceptable solution. If no agreement is reached, the process moves to adjudication.

Key Differences: Mediation vs Adjudication

• Speed: Mediation usually resolves disputes faster than adjudication.
• Cost: There is no additional fee for mediation—it's included in your application.
• Outcome: Mediation is collaborative; adjudication results in a binding decision, win or lose.
• Privacy: Mediation is private. Adjudication creates a formal public record.

Still not sure which option is best? Review more about your Tenant Rights and Landlord Rights in Nova Scotia.

If you're navigating multiple challenges with your landlord, see Common Issues Tenants Face and How to Resolve Them for practical advice.

Need to find a new home during or after a dispute? Find rental homes across Canada on Houseme.

FAQ: Tenant Mediation and Adjudication in Nova Scotia

1. Can I choose whether my dispute goes to mediation or adjudication?
   In most situations, mediation will be offered first if both parties are willing. If mediation fails or is refused, your dispute goes automatically to adjudication.
2. Is a mediated agreement legally binding?
   Yes, once both tenant and landlord sign the mediated agreement, it is legally enforceable.
3. What happens if I don't show up to my mediation or hearing?
   The process may continue without you, and you might lose your opportunity to present your side. It's important to attend or notify the board if you aren't able to.
4. Will the adjudicator's decision affect my credit or rental history?
   The Residential Tenancies Program does not automatically report outcomes to credit bureaus, but a ruling could impact your ability to rent in future if the landlord uses the order in reference checks.
5. Do I need a lawyer to use mediation or adjudication?
   No, both processes are designed to be straightforward. However, you may bring someone to support you if you wish.

Conclusion: Mediation or Adjudication—Which Is Right?

• Mediation can resolve rental disputes quickly and amicably while preserving tenant–landlord relationships.
• Adjudication ensures a legally binding solution when parties cannot agree or issues are complex.
• Choose your path based on the urgency, complexity, and nature of your dispute—both processes are there to protect your rights under Nova Scotia law.

For most tenants, starting with mediation is wise, with adjudication as a reliable backup if talks break down.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancies Program – Applications, guides, and contact info
• Access Nova Scotia: Call 1-800-670-4357 or visit your nearest office for filing support
• Legal Information Society of Nova Scotia: Free resources at legalinfo.org
• See your full rights under Tenant Rights and Landlord Rights in Nova Scotia

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1. Residential Tenancies Act (Nova Scotia)

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