Landlord and Tenant Issues

Should you agree to mediation at the Landlord and Tenant Board?

Last updated October 7, 2026.

Mediation at Ontario's Landlord and Tenant Board (LTB) is voluntary: both sides must agree, and a neutral dispute resolution officer helps you try to settle before or instead of a hearing. It can give you more control over the result, but a signed settlement is binding, can depart from the Residential Tenancies Act (s. 194(2)), and in an eviction case can let the landlord get an eviction order without a new hearing if a condition is missed (s. 78).

Whether mediation is right depends on your case, your evidence and what you can realistically promise. This guide explains how the process works in 2026, the three kinds of agreements you might sign, and the traps to avoid. For an overview of tenancy help, see our page on landlord and tenant disputes in Ontario.

How does mediation at the Board work, step by step?

Before the hearing day. If you file or respond through the Tribunals Ontario Portal, you can use the Online Dispute Resolution tool to negotiate with the other side. The LTB says this is not mediation; it is a monitored space to talk, and either side can ask for a dispute resolution officer (DRO) if you reach an agreement or get stuck.
At a case management hearing. In some files the LTB first holds a case management hearing, run by a DRO, where issues can be mediated (Rule 9.2). If mediation does not settle everything, the DRO may make case management orders, such as narrowing the issues and setting dates (Rule 9.3).
On the hearing day. The LTB's mediation brochure says mediation is available on the day of the hearing. At an online hearing you signal that you want to mediate when asked; in person, you tell staff when you arrive. If the adjudicator reaches your case while you are waiting or in mediation, they move on to the next case.
In the session. The DRO meets with the parties privately. The DRO can explain your rights under the Act but does not give advice.
The outcome. If you settle, the DRO prepares a written agreement for signature and the hearing is cancelled; you can also ask for the terms to be made into a consent order (Rule 14). If you do not settle, the hearing goes ahead, usually the same day (s. 194(5)).

A party does not have to be present if their representative has written authority to settle, or is a lawyer or paralegal licensed in Ontario who confirms that authority (Rule 13.3). Under Law Society of Ontario By-Law 4, a licensed paralegal can represent a party before a tribunal such as the LTB, including in negotiations.

Ways an LTB application can end by agreement, compared
Type	Is it an LTB order?	Who keeps a copy	If the other side breaks it
Mediated settlement (s. 194, Rule 13.7)	No	The parties; the LTB does not keep it unless the parties agree otherwise	Request to re-open within one year of signing (Rules 13.11 and 13.12); in an eviction case, a landlord's L4 application if the settlement allows it (s. 78)
Consent order (Rule 14)	Yes	The LTB issues it to each party	Enforced like other LTB orders; no request to re-open (Rule 13.13)
Payment agreement order on arrears (s. 206)	Yes, issued without a hearing	The LTB	Landlord may ask to re-open or, if the order allows it, file an L4 (s. 206(3.1) and (4))
No agreement	Hearing order after the hearing	The LTB	Review request within 15 days if a serious error is alleged (s. 209(3))

What does a mediated agreement actually do?

Section 194(2) of the Residential Tenancies Act, 2006 lets a settlement reached through the Board's mediation contain terms that would otherwise break the Act. For example, a tenant can agree to move out on a date sooner than a notice would allow, or a landlord can agree to forgive arrears. There is one fixed limit: a settlement cannot raise the rent by more than the guideline plus 3% of the previous year's lawful rent, except for mobile homes and land lease homes (s. 194(3)).

Once signed, the agreement resolves the application according to the Rules (s. 194(4)). Rule 13.7 says a mediated settlement is not an LTB order, and Rule 13.10 says copies are confidential and are not kept by the LTB unless the parties agree otherwise. Keep your signed copy somewhere safe.

What changes the answer?

Whether the case is about eviction. In an eviction file, a mediated settlement or order can include a condition that, if broken, lets the landlord apply without notice for an eviction order (s. 78(1)). The landlord has 30 days after the missed condition to apply (s. 78(5)). The tenant can then move to set the order aside within 10 days, which stays it until a hearing (s. 78(9) and (10)). Settlements of N5 notices for interference or damage can include such conditions. So can settlements of N8 notices for persistent late payment.
Whether the dispute is unpaid rent. For arrears, the parties can file a written payment agreement before the hearing starts and the Board can issue an order without a hearing (s. 206(1)). Since July 1, 2026, the LTB's Payment Agreement Form is mandatory for these plans. A section 206 order cannot end the tenancy (s. 206(3)), but it can allow the landlord to use section 78 if payments are missed (s. 206(3.1)).
The strength of your evidence. If your documents are strong, a hearing may give a better result. If your case has gaps, a settlement can limit the risk. The brochure notes that mediation can also cover tenancy problems that were not part of the application.
What you can actually deliver. The LTB's brochure warns tenants to consider carefully whether they can live up to the conditions before agreeing, because a missed payment can lead to an eviction order without a hearing.
Whether you already signed an agreement to end the tenancy. A separate N11 agreement made outside the Board is not a mediated settlement. Since September 21, 2026, the Board may cancel an eviction order based on such an agreement only if it would not be unfair, and cannot consider changes in the tenant's circumstances after the agreement was made (s. 77(8) and the LTB's September 21, 2026 update). Our guide to agreements to end a tenancy (N11) explains those rules.
Coercion or capacity. A party can ask to re-open a mediated settlement if they lacked capacity, or the other side coerced them or deliberately misled them in a way that affected the deal (Rule 13.11).

For example, how might a mediation on an N5 go?

For example, imagine a Hamilton tenant named Leah whose landlord has filed an L2 based on an N5 about loud parties and a damaged hallway door. At the video hearing, both sides agree to mediate. The DRO meets them in a breakout room. The landlord wants Leah out; Leah wants to stay.

They negotiate terms: Leah pays $650 for the door in three monthly instalments, agrees to no gatherings after 11 p.m. for 12 months, and the landlord withdraws the eviction request. The landlord asks for a clause allowing an L4 application if Leah misses a payment or breaks the noise term. Before signing, Leah asks for the noise term to be specific (what counts, and how a breach would be shown), and for one instalment date to move to match her payday.

The DRO writes up the agreement and both sign. Leah now knows that if she misses an instalment, the landlord could apply without notice for an eviction order, and that her protection would be a motion to set aside within 10 days. Choosing a hearing instead would have meant the member deciding whether to evict, refuse, or delay the eviction under section 83. Either path carries risk. This example is hypothetical.

What mistakes do people make in mediation?

Agreeing to a payment plan you cannot keep. One missed payment can lead to an eviction order without a hearing.
Vague conditions. Terms like "no disturbances" invite later disputes about whether they were broken. Ask for dates, amounts and clear standards.
Losing the signed copy. The LTB does not keep mediated settlements, so you need your copy to enforce or defend it.
Assuming what was said will reach the member. Mediation is confidential (Rule 13.5). Admissions and offers made there cannot be used at the hearing, so put your full case to the member if mediation fails.
Mediating without your documents. Bring the evidence you disclosed (Rule 19.1 requires it at least 7 days before the hearing), so you can weigh the offer against what you can prove.
Signing under time pressure. You can stop mediation at any time and go to the hearing.

What to do this week

Write down the outcome you want, the least you would accept, and what you can realistically pay or do.
Organize your evidence by date and make sure it was given to the other side on time.
If arrears are the issue, consider a written payment plan on the LTB's Payment Agreement Form before the hearing.
If you have a representative, confirm in writing that they have authority to settle.
Ask about Tenant Duty Counsel, a service Legal Aid Ontario offers to tenants on hearing days.
On the day, log in or arrive early so there is time to mediate before your case is called.
Read every term before signing, especially any clause allowing an L4 application.

Frequently asked questions

Is the mediator the same person who decides my case?

No. Mediation is led by a dispute resolution officer, and Rule 13.6 says DROs must not reveal what they learn in mediation to anyone, including a Member. If the case does not settle, a Member hears it without knowing what was said.

Can I bring a support person or a representative?

Only the parties and their representatives can attend mediation, according to the LTB's brochure. A representative can be a lawyer, a paralegal, a friend or a relative. A support person who does not speak for you is allowed at hearings and mediations under the LTB's hearing guide.

What if the landlord does not do what they promised?

A tenant can file a Request to Re-open the application within one year of signing if the other party did not meet a term (Rules 13.11 and 13.12). An LTB member then deals with the issues from the original application. If the agreement became a consent order, re-opening is not available, but the order can be enforced like other LTB orders.

Does mediation delay my case?

On the hearing day, mediation takes place while you wait for your case to be called, and if it fails the hearing goes ahead, usually the same day. For the overall timeline of an eviction file, see our guide on how long an eviction takes in Ontario.

Can I challenge a consent order later?

A consent order is an LTB order, so the review process applies, but only on the grounds in O. Reg. 178/26. LTB Interpretation Guideline 8 quotes the Divisional Court's view that parties should not easily be able to revisit orders made on consent. Our guide on what to do if you disagree with an LTB order explains the deadlines.

Is mediation available for Hamilton hearings?

Yes. Mediation is offered for most types of applications across Ontario, whether the hearing is by video or in person. Our page on Landlord and Tenant Board cases for Hamilton rentals adds local details. Carson Frankum, a licensed paralegal in Hamilton, can attend mediation with you or for you with written authority.

Good preparation helps in mediation as much as at a hearing; see how to prepare for a Landlord and Tenant Board hearing.

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.