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Mediation

The following mediation process for Happipad is adapted from guidelines provided by the Advocacy Centre for Tenants Ontario (ACTO), prepared by the Tenant Duty Counsel Program (TDCP)

What is Mediation?

Mediation  is a way to try to make an agreement with your host rather than going through the legal system.

Here are important things to consider when starting a mediation:

  • Mediators are neutral parties, who are hired by Happipad. They do not represent or provide advice to the host or the renter.
  • Mediation is voluntary. This means that you do not have to go to mediation; you can go through the legal system if you want. Both, host and renter, must agree to mediation.
  • Discussions that take place during mediation are private. If the mediation does not work out, then the parties will go ahead to use the legal system.
  • If, at any time before signing a mediated agreement, you feel pressured or unhappy, you can stop the mediation and go to a hearing.
  • Mediation can be a good idea, especially if the renter owes money to the host and just need some time to pay it back to the host.
  • You can have a lawyer, paralegal or friend help you in mediation.
  • During mediation, the mediator will usually ask both, the host and the renter, what issues you wish to discuss, and try to get you and the landlord to reach an agreement.
  • If the host and the renter reach a deal, the mediator will draft a document called a “mediated settlement” and will ask both parties to sign it. You may want to get legal advice before you sign it. 
  • Make sure to keep a copy of the mediated settlement. The mediator does NOT keep a copy.

Tips: 

  • NEVER agree to anything in the agreement that you cannot live up to. If you are settling an eviction case and you don’t live up to what you agreed to do, you could be evicted without any notice to you.
  • ALWAYS read and understand the agreement before you sign it. If you need help reading it, tell the mediator you do not understand the agreement and that you need help.
  • EXERCISE your right to have a lawyer or agent before you sign it. Get them to explain anything you are not sure about.
  • SLOWLY consider your options. Do not let the mediator or other party rush you into an agreement.
  • IMMEDIATELY get legal help if you have agreed to a mediated settlement, but cannot live up to the agreement.

Mediation Process for Happipad:

1. Initiation:

Either the host or the renter initiates the mediation process by submitting a conflict support request through Happipad’s website.

The request should include details of the dispute, such as the nature of the conflict, relevant dates, and any communication between the parties.

2. Assignment of Mediator:

Happipad assigns a neutral and impartial mediator to facilitate the mediation process.

The mediator should have relevant experience in conflict resolution and be familiar with Happipad’s policies and procedures.

Both parties, the host and the renter, will cover the cost of mediation equally.

3. Pre-Mediation Preparation:

The mediator contacts both the host and the renter to explain the mediation process and clarify any questions or concerns.

Each party is encouraged to submit a written statement outlining their perspective on the dispute and any proposed solutions.

4. Initial Joint Session:

The mediator schedules an initial joint session with both the host and the renter.

During this session, the mediator sets ground rules for respectful communication and ensures that both parties have an opportunity to speak and be heard.

The mediator facilitates a discussion to identify the underlying issues and interests of both parties.

5. Private Sessions (Caucuses):

The mediator conducts private sessions with each party separately to explore their individual needs, concerns, and desired outcomes.

The mediator helps each party to brainstorm potential solutions and assess the feasibility of reaching a mutually agreeable resolution.

6. Joint Negotiation and Problem-Solving:

The mediator facilitates joint negotiation sessions where both parties come together to discuss potential solutions and work towards a resolution.

The mediator encourages open communication, active listening, and collaboration to find common ground and reach a mutually acceptable agreement.

7. Drafting of Agreement:

Once both parties have reached an agreement, the mediator assists in drafting a written agreement that outlines the terms and conditions of the resolution.

The agreement should be clear, comprehensive, and legally enforceable, and it should address any outstanding issues or concerns raised by either party.

8. Finalization and Signatures:

Both the host and the renter review the draft agreement to ensure that it accurately reflects their understanding and intentions.

Once satisfied, both parties sign the agreement in the presence of the mediator or submit electronic signatures if preferred.

9. Follow-Up and Implementation:

The mediator follows up with both parties to ensure that the terms of the agreement are being implemented as intended.

If any issues or challenges arise during the implementation phase, the mediator is available to provide further assistance and support as needed.

10. Closure:

Upon successful resolution of the dispute and implementation of the agreement, the mediation process is formally closed.

Happipad acknowledges the efforts of both parties in reaching a mutually beneficial resolution and emphasizes the importance of open communication and collaboration in fostering positive relationships within the Happipad community.