RTB Dispute Resolution: Mediation

As part of the services we provide to our clients, we assists with Residential Tenancies Board (RTB) disputes. One of the most positive aspects of the RTB dispute resolution process is mediation, which gives the parties an opportunity to resolve a dispute by agreement rather than having an outcome imposed upon them.

For us, the real value of mediation is not simply bringing a dispute to an end. It is about finding a reasonable and workable compromise that protects all parties going forward.

Mediation Is About Resolution, Not Winning

If you enter mediation, the most important thing to remember is that you are not there to win.

You are there to find a solution.

It can be tempting in a dispute to focus on proving that you are right and that the other party is wrong. However, even where one party believes they have a very strong position, a dispute can leave relationships damaged, costs incurred and future problems unresolved.

A successful mediation should instead ask:

What can we agree today that gives both parties clarity and prevents the same issue becoming a problem again tomorrow?

That is the approach we encourage.

A Reasonable Compromise Can Protect Everyone

In our experience, the best resolution is often not one where either party gets everything they originally wanted.

It is one where both parties understand what has been agreed, what is expected of them and what happens next.

For example, a valid notice may be due to expire at the end of the month, but the tenant may need additional time to secure alternative accommodation. Rather than allowing the matter to become a further dispute, the parties may be able to agree a reasonable extension with a clear end date.

Where rent arrears exist, a realistic payment plan may provide a better outcome than allowing the arrears to continue to grow without an agreed structure.

Where works are required but there is disagreement about timing, a clear schedule for completing the works may give the tenant certainty while allowing the landlord to make the necessary arrangements.

These are compromises, but they are not necessarily concessions.

This is where we believe good mediation can be particularly valuable.

It is easy to concentrate solely on the issue that has brought the parties to the RTB. But the agreement reached should ideally consider what happens after the mediation.

If a payment arrangement is agreed, are the dates and amounts clear?

If additional time is granted, is there a definite date by which the tenancy will end?

If works are agreed, is there a realistic timetable?

The Role of the RTB Mediator

RTB mediation is grounded in the Residential Tenancies Act, and the mediator has expertise in residential tenancy matters.

The mediator does not take sides. Their role is to facilitate the discussion and help the parties explore whether an agreement can be reached.

For that reason, we believe it is important to allow the mediator to lead the process. They can keep the discussion focused on the relevant issues and help prevent the mediation from becoming an argument about every disagreement that has occurred in the past.

Why Compromise Makes Sense

A compromise should not be viewed as a failure.

Sometimes agreeing to something that is slightly different from your preferred outcome is the most sensible way of protecting your position in the longer term.

A landlord may not get every term they originally sought, but they may obtain certainty over payment, possession or works.

A tenant may not get everything they wanted, but they may obtain additional time, a manageable payment arrangement or certainty over repairs.

Most importantly, both parties leave knowing what has been agreed.

That certainty can be worth far more than continuing a dispute simply to establish who was right.

Our Approach

Our approach is straightforward: we always look for the reasonable solution first.

When advising a client involved in an RTB dispute, we do not believe that automatically taking the most aggressive position produces the best result.

We look at the circumstances, the legislation, the evidence and, importantly, the practical consequences of the possible outcomes.

Where a reasonable compromise can resolve the issue and provide protection for our client going forward, we will always consider it.

That does not mean giving up a legitimate position. It means recognising that there can be a difference between being right and achieving the best practical outcome.

A good agreement should protect the interests of all parties as far as reasonably possible and provide a clear path forward.

Moving Forward

Most people are reasonable.

Sometimes, however, communication breaks down, positions become entrenched and a relatively straightforward issue develops into a formal dispute.

Mediation provides an opportunity to step back from that process and ask whether the problem can be solved rather than simply argued.

That is what we encourage our clients to focus on.

Not winning. Not losing. Solving the problem.

And, in our experience, there is very little to be gained from winning an argument if the underlying problem remains.

How we Can Help

RTB disputes can be stressful and time-consuming. Getting the right advice before entering the process can make a significant difference.

We provide advice when dealing with RTB matters, including support with dispute resolution and mediation.

Our objective is always to understand the client’s position, assess the available options and, where possible, work towards a reasonable, legally grounded and practical resolution that protects our client’s interests both now and in the future..

Sometimes the strongest position is not insisting on everything. It is reaching the right compromise — one that solves the problem, protects everyone going forward and allows the parties to move on.