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Overview of Pre-hearing Process

 

    Application/Referral  

Telephone or
 in person
  Directions Hearing
  • President or Tribunal Member to whom matter is allocated

   
  • Clarify issues

  • Prescribe pre trial process & timetable (except trial date)

  • Pre-trial disputes determined by Presiding Member

 
In person

 

  Mediation
  • another Tribunal Member or external Mediator

   
  • At party's option

  • In special circumstances Tribunal may mandate mediation

  • Non-evaluative/facilitative

  • Can happen immediately

  • Report on outcome only

 
Telephone or
in person
  Settlement
conference
  • another Tribunal Member (can be the Member who mediated) or Registrar

   
  • Mandatory (can't get trial date before settlement conference) unless otherwise ordered

  • After all pre-trial processes are complete

  • Facilitate settlement on basis of material filed

  • If mediation is held after all pre-trial processes are completed and the mediation is conducted by a Member, option to move from mediation to settlement conference seamlessly

  • Conference chairperson free to conciliate and express opinion on legal merits and issues

  • Transparent - parties attend

  • If no resolution, trial date set

  • Time limited - 2-3 hours

  • Report on outcome only

 
Regional,
 video or telephone

 

     Hearing
  • Tribunal Member to whom matter is allocated

 

 

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