Mediation vs Adjudication at Yukon’s LTB: What Tenants Should Know

Disputes between tenants and landlords are unfortunately common—whether about repairs, rent increases, or ending a tenancy. In Yukon, the Residential Tenancies Office (sometimes referred to as the Yukon LTB, or Landlord and Tenant Board) offers two main ways to resolve these disputes: mediation and adjudication. Knowing the difference helps you choose the path best suited to your situation and goals.

Yukon's Residential Tenancies Process in Brief

The Yukon Residential Tenancies Office handles rental disputes using processes set out in the Residential Landlord and Tenant Act (Yukon).[1] Their roles include guiding tenants and landlords, overseeing mediation, and issuing binding decisions when needed.

Tenants often approach the Office with concerns about rent changes, repairs, or issues regarding notices. For detailed Yukon-specific rental rights, see Tenant Rights and Landlord Rights in Yukon.

What Is Mediation?

Mediation is an informal, voluntary process where a neutral mediator helps the tenant and landlord try to reach an agreement they both accept. The goal is collaboration: both sides work together to find a solution, often saving time, money, and stress compared to a formal hearing.

Benefits of Mediation

  • Confidential and less formal than adjudication
  • Parties control the outcome
  • Often faster resolution
  • Can help preserve a positive rental relationship

If both parties reach an agreement, the mediator helps draft a written settlement, which becomes binding.

If you and your landlord can communicate reasonably well, mediation is often the best first step for resolving disputes.

What Is Adjudication?

Adjudication is a formal process where a hearing officer (adjudicator) listens to both sides, reviews evidence, and makes a legally binding decision. The hearing may take place in person or virtually, and both the tenant and landlord present their case. Decisions are enforceable under Yukon law.

When to Consider Adjudication

  • Attempts at negotiation or mediation have failed
  • One party will not participate in mediation
  • The issues are complex or involve legal interpretation
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Adjudication ensures your rights under the Residential Landlord and Tenant Act are enforced and is especially useful if the dispute cannot be resolved through compromise.

How to Start the Process: Forms and Action Steps

Initiating either mediation or adjudication in Yukon generally involves filing the correct form with the Residential Tenancies Office. Here’s what tenants need to know:

How it’s used: Fill out this form if you are a tenant dealing with unresolved issues such as repair delays, illegal rent increases, or improper evictions. For example, if your landlord is increasing rent without proper notice, you would complete and submit this form to begin formal dispute resolution.

  • Submit the completed application to the Residential Tenancies Office as directed in the form instructions. You’ll be contacted regarding next steps, which may include an opportunity for mediation before a hearing is set.

Once submitted, the Office may offer mediation. If it fails (or if you or your landlord decline), a formal adjudication hearing is scheduled.[2]

Which Path Should Tenants Choose?

Deciding between mediation and adjudication depends on your goals, relationship with your landlord, and the specifics of your dispute. If communication is still possible, mediation is often quicker and less stressful. If your issue is urgent or mediation is off the table, adjudication enforces your rights.

Reviewing Common Issues Tenants Face and How to Resolve Them may help you assess your options.

Tenants and landlords both have rights and responsibilities—know yours before deciding your approach.

For more about ongoing rights during your tenancy in Yukon, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Happens After the Decision?

Whether you reach an agreement in mediation or after adjudication, the outcome is enforceable. Both sides must follow the terms. If the other party fails to comply, you may seek enforcement through the courts or contact the Residential Tenancies Office for information on your options.

For ongoing tenant resources and the latest rules, Explore Houseme for nationwide rental listings.

FAQ: Mediation and Adjudication in Yukon

  1. What is the cost to file for mediation or adjudication?
    The Yukon Residential Tenancies Office typically does not charge tenants a fee for filing a dispute, making the process accessible to all.
  2. Can I have someone represent me at a hearing?
    Yes, tenants may have a support person, like a friend or advocate, accompany them. However, formal representation is regulated; check with the Office for specific requirements.
  3. How long does mediation or adjudication take?
    Mediation can resolve issues in days to weeks; adjudication may take longer, depending on scheduling and complexity. The Office will keep you informed of timelines.
  4. If I lose at adjudication, can I appeal?
    Both parties can seek a judicial review of a decision in Yukon Supreme Court, but only on certain grounds (such as procedural fairness).
  5. Will a mediation agreement be enforced if the landlord does not comply?
    Yes, a written agreement from mediation is binding under Yukon tenancy law; if either party fails to comply, enforcement options are available.

Key Takeaways for Tenants

  • Mediation offers a quicker, more collaborative way to resolve disputes—always consider it as a first step.
  • Adjudication protects your rights when an agreement cannot be reached and results in a binding decision.
  • Always use the official Application for Dispute Resolution form and contact the Yukon Residential Tenancies Office for guidance.

Need Help? Resources for Tenants

  1. Yukon Government. Residential Landlord and Tenant Act [S.Y. 2012, c.20]
  2. Yukon Government. Residential Tenancies Office – Housing and Property

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