Chapter 12: Negotiations, Mediation, Hearings

Range of matters that can be settled through negotiations

amount of rent in arrears

payment schedule for arrears

amount of rent abatement for maintenance

amount of rent reduction for reduced or discontinued services/facilities

Key to successful negotiations

know the strength and weaknesses of the case

know range of possible and likely outcomes of a hearing

Once setllement is reached, it can be implemented by

applicant withdrawing the claim

OR

by consent order of the Board

Mediation

negotiation with assistance of a neutral person

Key role of mediator

balance relative power of the parties

Mediations usually occur

at same time set for hearing or case management hearing

T/F: mediators have power to impose a decision on the parties

false

Who can request mediation

parties

CHM stands for

case management hearing

What happens at a CHM

a dispute resolution officer acts as mediator and attempts to assist parties to reach a settlement

Disclosure by applicant must be served and filed at least

7 days before the hearing

Disclosure by respondent must be served and filed at least

5 days before the hearing

On a summons form, the party must state

name of witness

address of witness

relevant evidence

documents party wants witness to bring

Party who has obtained a summons must

give a copy to the witness

be ready to pay conduct money

LTB hearings are subject to what legislation

SPPA

T/F: the board can make its own inquires

true

For hearings that may be appropriate for applications that can be decided based on documentary evidence what format is likely to be used

written hearings

Board must try to - or - any - to accessing legal remedies to those with -

reduce or remove

barriers

disabilities

Oral hearings are (open or closed) to the public

open

Oral hearings may be closed when there are

issues involving public security

personal, financial, or other matters that warrant keeping the matter private

When at least one party is unrepresented the hearing tends to be

informal

Leading questions

questions that suggest the answer

Leading questions can be used for - facts

uncontroversial facts

Questions concerning relevant facts should be

open-ended

Purpose of cross examination

to bring out facts that raise doubt about a version of facts or show witness has reasons not to tell the truth

show facts that support a different version

Leading questions can be asked on - examination

cross

Party not cross examining can object if question

is not relevant

misstates what witness said

assumes fact not yet addressed in evidence

invites argument

Submissions are for setting out

how facts tie together and implications of proven facts

how law applies to proven facts