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The Licence Appeal Tribunal offers settlement conferences to assist parties in resolving their disputes. A settlement conference is less formal than a hearing and can achieve a resolution more quickly. This information sheet describes settlement conferences and explains the benefits.
A settlement conference is an informal, confidential meeting between the parties and a Licence Appeal Tribunal (LAT) adjudicator. The purpose of the settlement conference is to assist the parties in resolving the issues in dispute and to avoid the need to proceed to a hearing. The Licence Appeal Tribunal adjudicator conducting the settlement conference will not hear motions or adjournment requests. Settlement is the only matter that will be discussed.
If the parties are not able to resolve the issues in dispute and the file proceeds to a hearing, the adjudicator who conducted the settlement conference will not be the adjudicator at the hearing.
Participation in a settlement conference is voluntary. All parties must agree to participate before the Tribunal will schedule the settlement conference.
The LAT adjudicator will meet with the parties to talk about the issues in dispute. They will try and reach a solution that all parties can accept. The adjudicator is a neutral facilitator and is not an advocate for any party. The adjudicator may ask questions to help the parties understand where there is common ground. The adjudicator may also make recommendations on the strength of claims or discuss the advantages of an offer to settle, but these are only recommendations and are not binding - a party is free to accept or reject any offer. This means that parties do not have to agree with the adjudicator's recommendations for settlement.
The parties can settle some or all of the issues at the settlement conference. If the parties cannot settle the issues, then a different adjudicator will decide the outcome at a hearing. If the hearing has not already been scheduled at the time of the settlement conference, it will be scheduled at a later date after the completion of the settlement conference. Generally, the best resolutions are those that the parties come to on their own, and both agree to. The adjudicator can help the parties achieve this outcome but cannot force the parties to agree.
If all the issues in dispute are settled, the hearing will be cancelled, and the Tribunal file will be closed. If only some of the issues are resolved, the hearing will proceed with the remaining issues. In this case, the hearing adjudicator may reduce the number of days for the hearing, depending on the number and type of issues remaining in dispute.
There are many reasons why parties may wish to try to achieve settlement instead of proceeding to a hearing:
At a settlement conference, parties must be prepared to make offers to settle the issues in dispute. Knowing what you will and won't be willing to accept as a resolution is important. Flexibility in your approach to potential outcomes, especially where there are multiple issues in dispute, can help parties in their settlement discussions. You will be expected to speak truthfully and respectfully to the adjudicator and the other party at the settlement conference.
All discussions that take place at a settlement conference are private and confidential. The hearing adjudicator will never know what was discussed, what offers were made, or anything else that happened at the settlement conference. Both parties must keep the information confidential and not disclose anything that was said at the settlement conference to the hearing adjudicator (or anyone else).
If the settlement conference does not resolve all the issues, a hearing will take place. The adjudicator who conducts the hearing will not be the same adjudicator who conducted the settlement conference. What is said during the settlement conference by the adjudicator or by any party cannot be mentioned at the hearing.
At the end of the settlement conference, the adjudicator will issue a brief report advising the parties that the matter has not settled and that the hearing will proceed. The report will not disclose the details of the settlement discussions.
The Licence Appeal Tribunal's website has forms, answers to frequently asked questions, and other useful information.
This information sheet is intended to provide general information. It does not constitute legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Ontario.