Mediation or Adjudication? Navigating Saskatchewan LTB Disputes

If you're renting in Saskatchewan and facing a conflict—maybe with a rent increase, repairs, or a potential eviction—the Office of Residential Tenancies (ORT) offers two primary routes to resolve your dispute: mediation and adjudication. Understanding the differences between these paths helps you choose the best strategy for protecting your rights and reaching a solution.

Understanding the Office of Residential Tenancies (ORT) in Saskatchewan

The Office of Residential Tenancies (ORT) is the official body handling tenant-landlord disputes under the Residential Tenancies Act, 2006. They provide mediation and adjudication services for a wide range of issues, from unpaid rent to repairs, and everything in between.^[1][2]

Mediation vs. Adjudication: What's the Difference?

Both mediation and adjudication take place at the ORT, but the process and outcomes are quite different.

Mediation

Mediation is a voluntary, confidential process where a neutral mediator helps you and your landlord communicate and attempt to resolve the dispute together. The mediator doesn't impose a decision—instead, they guide you towards a mutual agreement.

• When it's best: If you hope to keep a good rental relationship, or need a quick, informal resolution. Mediation is often ideal for resolving issues about repairs, noise, or minor lease misunderstandings.
• What to expect: Mediation is typically faster and less formal than a hearing. Agreements reached can become legally binding if written and signed by both parties.
• Fee: As of 2024, mediation is usually available with your regular application fee.

Adjudication

Adjudication (also called a hearing) is a formal process where an ORT adjudicator considers evidence from both sides and then makes a legally binding decision. The hearing is similar to a court proceeding, though it is somewhat less formal.

• When it's best: If you and your landlord can't agree, or the issue is serious—such as an illegal eviction, significant unpaid rent, or major lease violations.
• What to expect: You'll each present evidence, such as emails or photos, and answer questions. The adjudicator will issue a written order.
• Fee: Application fees apply. As of 2024, the detailed fees are available on the ORT site.

In both processes, your rights as a tenant remain protected under the Tenant Rights and Landlord Rights in Saskatchewan and provincial legislation.

Common Disputes: Which Path Should You Take?

Picking between mediation and adjudication depends on your situation and relationship with your landlord. Here are typical scenarios and the best approach:

• Maintenance or repair issues: Try mediation first if the landlord is cooperative; adjudication if the landlord refuses repairs.
• Rent increases you think are excessive: Mediation can be helpful to discuss; adjudication if you can't resolve it yourself.
• Eviction notices: Adjudication is usually necessary, but mediation can sometimes help clarify misunderstandings.

For more information on resolving frequent rental disputes, read Common Issues Tenants Face and How to Resolve Them.

Key ORT Forms for Tenants

To start either process, you'll need to submit the right application. Here are the main forms and how to use them:

• Application for Hearing (Form 7A): Use this to start a dispute for unpaid rent, maintenance issues, security deposit disputes, or notices to vacate.
  Example: If repairs have not been made and mediation attempts failed, submit this form to start a formal hearing.
  Find the form: ORT Application for Hearing Form 7A (PDF)
• Request for Mediation: While Saskatchewan often invites both parties to try mediation, you can indicate your willingness to participate when applying with Form 7A, or by contacting the ORT directly.
  Details: ORT – Apply page

Make sure to keep copies of all forms and correspondence.

Which Process is Right for You? Pros & Cons

Here's a quick comparison of mediation and adjudication for Saskatchewan tenants:

• Mediation: Quicker, informal, confidential, relationship-building, but only binding if both agree.
• Adjudication: Formal, slower, public record, the adjudicator decides, and the order is legally binding.

Every tenant situation is unique. If you're unsure, you can ask the ORT staff for guidance on which process is best for your case.

Step-by-Step: Applying to the Saskatchewan ORT

If you're ready to begin, here's how the process usually works.

• Gather all evidence and documents, such as your lease, photos, or correspondence.
• Download and complete the Application for Hearing (Form 7A) from the official source.
• Submit your form in person, by mail, email, or using the ORT’s online system.
• Indicate on your form if you wish to try mediation.
• Wait for the ORT to contact you with next steps. They may offer a mediation session, or schedule a hearing with an adjudicator.

Throughout the process, you can check your application status via the ORT or contact them for assistance.

Want to compare your rights or steps in other provinces? See Tenant Rights and Landlord Rights in Saskatchewan for province-specific details.

Need a new place to rent during or after a dispute? Explore Houseme for nationwide rental listings to find your next home easily and securely.

Frequently Asked Questions

1. What happens if mediation fails at the ORT?
   If you and your landlord cannot reach an agreement in mediation, your case will proceed to adjudication (hearing) where an adjudicator will make a legally binding decision.
2. Is mediation at the ORT mandatory for Saskatchewan tenants?
   No, but the ORT often encourages it as a first step. You can decline mediation and go straight to adjudication if you prefer.
3. How long does each process take?
   Mediation tends to be faster, sometimes resolving matters in days. Adjudication may take several weeks for hearings and written decisions, depending on case complexity and scheduling.
4. Can I have someone represent me in mediation or adjudication?
   Yes. You can bring a support person, lawyer, or advocate to assist and represent you at either stage.
5. Are ORT decisions legally binding?
   Yes. Decisions from adjudication are enforceable by law. Mediated agreements only become binding if both parties sign a written settlement.

Need Help? Resources for Tenants

• Saskatchewan's Official Tenant Resources – Guidance, complaint forms, and information for tenants.
• Office of Residential Tenancies (ORT) – Submit disputes, request mediation, or get help with hearings.
• Local tenant advocacy organizations – Can support you with advice or representation.
• Tenant Rights and Landlord Rights in Saskatchewan – Practical overview of your rights and responsibilities in the province.

---

1. Office of Residential Tenancies (ORT): Official ORT Dispute Resolution Information
2. Residential Tenancies Act, 2006 (Saskatchewan): Read the official legislation

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