Mediation vs Adjudication at Nunavut LTB: A Tenant’s Guide

When conflicts arise between tenants and landlords in Nunavut—whether about rent, repairs, or lease terms—it’s crucial to know your dispute resolution options. The most common paths at the Nunavut Residential Tenancies Tribunal are mediation and adjudication. Choosing the right approach can save time, stress, and preserve your rental relationship.

What’s the Difference? Mediation vs Adjudication Explained

Understanding these two options will help tenants make informed choices when problems occur.

• Mediation: A voluntary, confidential process where a neutral third party (the mediator) helps tenants and landlords talk through the issues and reach a mutual agreement. Mediation is cooperative and less formal.
• Adjudication: A more formal hearing before a Tribunal adjudicator, who listens to both sides, considers evidence, and makes a binding decision (called an Order). Adjudication is like a court process.

If you’re facing issues such as maintenance delays, disagreement about rent increases, or ending a tenancy, either option could be available through the Nunavut Residential Tenancies Office (RTO).

When Should Tenants Choose Mediation?

Mediation is ideal when both tenant and landlord are willing to compromise. It works well for misunderstandings about:

• Minor repairs or maintenance concerns
• Communication breakdowns
• Deposit disagreements (if both parties want a quicker, more flexible solution)

Another benefit: mediation is often faster and less stressful than adjudication.

When Adjudication May Be Necessary

If negotiation fails or the issue is too serious (such as illegal evictions, repeated non-payment of rent, or when a settlement just isn’t possible), adjudication offers tenants the opportunity to present their case to an independent decision-maker. The Tribunal’s ruling will be legally binding on both sides.

Read more about Common Issues Tenants Face and How to Resolve Them for guidance on initial dispute resolution steps before escalating a case.

Applying for Dispute Resolution Through Nunavut’s LTB

Nunavut’s RTO oversees applications for both mediation and formal hearings. Current as of 2024, here’s how the process usually works:

• Application for Assistance (Form 1): Use this form to start a dispute with your landlord (or tenant). It asks for your contact details, your landlord’s info, and the problem you want the Tribunal to resolve. View and download Application for Assistance – Form 1 (PDF).
  • Example: If your landlord refuses to return your deposit, submit Form 1 with details and supporting documents to start the process.
• Request for Mediation: Indicate your interest in mediation when you submit Form 1, or discuss this option when the Tribunal contacts you after receiving your application.
• Preparation: Gather evidence—such as emails, receipts, or repair requests. You’ll need these in both mediation and adjudication.

Step-by-Step: What Happens After You Apply

Once you submit your application, the Tribunal will:

• Contact both you and your landlord to schedule mediation if both agree
• Or, if mediation isn’t suitable, move to set a hearing date for adjudication
• Send both sides notice of mediation or hearing details

For more on your rights and responsibilities as a tenant in Nunavut, visit Tenant Rights and Landlord Rights in Nunavut.

How Decisions Are Made—and Enforced

If you reach agreement in mediation, it’s written up as a settlement and both sides sign. The Tribunal can make it enforceable if needed. If adjudication occurs, the Tribunal issues a formal Order you and your landlord must follow.

Get more background on Obligations of Landlords and Tenants: Rights and Responsibilities Explained to help you understand what the tribunal, mediators, and adjudicators look for.

Related Legislation for Nunavut

The Nunavut Residential Tenancies Act governs all disputes heard by the Tribunal.¹

Explore Rental Homes, Resources, and Next Steps

Consider your long-term goals when using mediation or adjudication. If you’re thinking of finding a new home, Find rental homes across Canada on Houseme—Canada’s best rental listings platform for tenants.

1. What is the main difference between mediation and adjudication at the Nunavut LTB?
   Mediation is a voluntary process to help both sides reach a settlement, while adjudication is a formal hearing that results in a binding decision.
2. Is a mediation agreement in Nunavut legally binding?
   Yes, if both parties agree and the Tribunal formalizes the agreement, it becomes enforceable like an Order.
3. How do I apply for mediation or adjudication at the RTO?
   Complete the Application for Assistance (Form 1) and indicate your preference for mediation. The Tribunal will guide you from there.
4. Do I need a lawyer to attend mediation or adjudication?
   No, tenants can represent themselves, but you may bring a support person if you wish. Legal help is allowed but not required.
5. What happens if mediation doesn’t solve my issue?
   The Tribunal will proceed to adjudication, where an adjudicator will hear your case and issue a binding decision.

Key Takeaways

• Mediation is faster, informal, and works best when both sides are willing to compromise.
• Adjudication provides a binding decision when agreement isn’t possible.
• Use Form 1 to start any dispute at the Nunavut LTB, and always keep records and documentation for your case.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office – Official tribunal site
• Nunavut Residential Tenancies Act – Full text
• Public Legal Education and Information Service of Nunavut (PLEIS) – Call 1-866-606-9400 for legal information
• For tenancy guides, visit Tenant Rights and Landlord Rights in Nunavut

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1. Nunavut Residential Tenancies Act (R-5)
2. Nunavut Residential Tenancies Office

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