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The facilitated settlement process

Last updated on April 17, 2024

Facilitation is a process during which a case facilitator assists parties to an application for dispute resolution to resolve their dispute by agreement. If the parties agree to resolve their dispute, a case facilitator may turn the settlement terms into an order that is enforceable through the courts.

The Residential Tenancy Branch can require disputes to go through facilitation to try to resolve the dispute without needing to go to a participatory hearing. This process allows parties to resolve their disputes quickly while also having some control over the outcome.

If a dispute is not resolved during facilitation, it will proceed to a participatory hearing where an arbitrator will make a final and binding decision.

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Scheduling a dispute for facilitation

The Residential Tenancy Branch (RTB) reviews all applications for dispute resolution. If a dispute is a good candidate for facilitation, the RTB may schedule it to go through facilitation. The Notice of Proceeding package will say if a dispute has been scheduled for facilitation. If you are in a dispute scheduled for facilitation, you must attend the facilitated settlement conference.

An applicant must serve the Notice of Proceeding package to the other person within 3 days of receiving the package. Get detailed instructions for serving the Notice of Proceeding package.

Both parties must also gather, file, and serve evidence before the facilitated settlement conference. Parties should: 

  • Know your deadline for serving evidence and submitting it to the Residential Tenancy Branch (RTB)
  • Build a timeline of events to help organize your thoughts
  • Find evidence to support your position
  • Organize and explain your evidence so you can file it
  • Submit your numbered and named evidence to the RTB
  • Serve the evidence to the other person before the deadline

Get detailed instructions for organizing, submitting and serving evidence.

Prepare for the facilitated settlement conference

Case facilitator

A case facilitator is assigned to every application for dispute resolution that is scheduled for facilitation. Case facilitators are neutral, which means they won’t take sides in your dispute or give legal advice.

The case facilitator may contact the parties before the facilitated settlement conference to provide information and instructions for the conference.

How to prepare for the facilitated settlement conference

  • Think about an agreement that can be reached with the other party to settle your dispute or resolve the problem
  • Gather, prepare, and serve any evidence to the other party and the Residential Tenancy Branch as soon as possible
  • Consider whether you would like a support person to attend the facilitated settlement conference with you, like an advocate

Facilitated settlement conference

Facilitation is conducted by teleconference. During the facilitated settlement conference, the case facilitator may communicate with the parties together and individually.

During the facilitation session, case facilitators will:

  • Ask each party to share their perspective on the situation,
  • Clarify the issues in the dispute,
  • Give a neutral, non-binding opinion about the issues in the dispute,
  • Share information about tenancy law and landlords’ and tenants’ rights and responsibilities,
  • Suggest ways the parties could resolve the dispute, and
  • Help the parties reach a fair agreement that will be captured in an enforceable order, if applicable.

If the parties do not reach an agreement, the case facilitator will use the facilitated settlement conference to prepare the parties for the participatory hearing.

Possible outcomes

If the parties agree to resolve their dispute by agreement, the case facilitator can issue an Order of Possession or Monetary Order, depending on the terms of the agreement. These orders can be enforced through the court. The case facilitator can also issue a “director’s order” for a party to do something.

Learn more about serving and enforcing orders.

If one or both parties do not attend the facilitated settlement conference, the case facilitator may make a final and binding decision.

If the parties cannot reach an agreement to resolve the dispute, the dispute will proceed to a participatory hearing.

Learn more about participatory hearings.

Resources

For information on the rules for the facilitated settlement process:

For general information on facilitation: