 The BC Residential Tenancy Branch presents an information video on settlement discussions in hearings. Sometimes landlords and tenants experience conflict with each other for a variety of reasons. With the tenancy dispute there are three ways to resolve it. Since each step gets more time consuming and straining on the relationship we recommend you start with the first. The first and easiest step is to talk with each other about what is happening and see if you can identify solutions that would work for both of you. Sometimes the other person just doesn't realize what is going on or doesn't understand it from your perspective. If this doesn't work the second step is to send them a letter asking them to address whatever issue is causing the dispute. You can do this step on your own or with the help of a friend or relative. The third step is to file an application for dispute resolution and or serve a notice to end tenancy with the Residential Tenancy Branch. This may result in a hearing with one of the arbitrators at the Residential Tenancy Branch. Another video in this series explains the arbitration process. Watch it at www.gov.bc.ca slash landlord tenant slash videos. In a hearing the arbitrators are permitted by law to assist parties to settle a claim rather than arbitrate it. But what is the difference? If a hearing is arbitrated the third party, in this case the arbitrator, makes a decision for the two parties. If the hearing moves to a settlement discussion the arbitrator will help the two parties decide on an agreement together which is the settlement. Settlement discussions can happen two ways. Sometimes you might have already been talking to the other party and have some idea of how you can resolve the dispute so you can request it at the hearing. Other times the arbitrator might notice that there is room for settlement because of the type of dispute or your relationship with each other and suggest that you may still be able to reach a settlement of your dispute. It is important to remember that if you're called to a hearing you must participate in the arbitration process. However the settlement process is voluntary. You can decide at the beginning or at any time during the settlement discussion that you would rather have the dispute arbitrated. How does it work? With the help of the arbitrator you will both discuss your perspective on the dispute, try to identify different ways that the problem can be resolved, and come to an agreement on what you will both do to solve the problem. You may have someone else represent you at the hearing like an assistant advocate lawyer or translator. You might want to tell them what you would be willing to settle for if a settlement is negotiated. What if you can't agree? If you and the other party can't come to an agreement the arbitrator will conclude the settlement discussion and proceed to make a final binding decision based on the whole hearing. Does it take more time? All hearings are given the same amount of time so it won't take longer than if the dispute was arbitrated. Just like with an arbitration there is no one approach to a settlement discussion so don't worry if the hearing does not go exactly the same way as we've described here. For more information please visit our website at www.gov.bc.ca slash landlord tenant