Resolution options for eligible WHRS claims

If a WHRS claim is found to be eligible, the claimant can:

• start or continue repairs
• proceed to resolution.

Resolution is the process of settling a WHRS claim. The claimant’s options under the WHRS Act will depend on their estimated or actual repair costs. There are two separate resolution paths offered under the WHRS Act.

1. Lower-value WHRS claims process

Claimants with WHRS claims for which the estimate or actual repair costs total $20,000 or less can apply for Weathertight Services’ lower-value WHRS claims dispute resolution assistance (see lower-value WHRS claims process).

The lower value WHRS claims process offers access to negotiation and mediation.

• Negotiation is an informal discussion about the claim to try to reach a solution that parties agree to. Weathertight Services assists in arranging the negotiation but the claimant chairs the negotiation session.
• Mediation is a meeting where a mediator provided by Weathertight Services helps you and other parties try to find an agreed solution. The mediator is neutral and does not make any decisions about the claim.

If mediation is unsuccessful, claimants can apply to the Weathertight Homes Tribunal for adjudication on papers. More information is available in the section on the lower-value WHRS claims process.

2. Standard WHRS claims process

Claimants with WHRS claims for which estimated or actual repair costs total $20,000 or more can apply to the Weathertight Homes Tribunal for resolution by adjudication. There is a fee of $400 for this.

A Ministry of Justice case manager will administer the claim from this point and a Tribunal Member will be appointed.

Adjudication has the following stages.

• Pre-hearing: The pre-hearing stage of adjudication involves processes such as joining and removing respondents. A preliminary conference will be held to consider matters such as joinder and removal applications and to set out a timetable for the adjudication and a mediation date if applicable.
• Mediation opportunity: The Tribunal may refer the claim to a time-limited mediation.
• Adjudication hearing: The hearing is a judicial proceeding where the Tribunal clarifies and tests evidence presented to them.
• Decision: After a hearing the Tribunal produces a legally binding decision.

If the claim is settled during the mediation opportunity, the hearing will not be needed, but the settlement can be recorded as a decision of the Tribunal if the parties request it.

The Tribunal has further information on the adjudication process on its web site and in their brochure, copies of which are available from Weathertight Services.

For more information on homeowner resolution options see Eligible lower-value WHRS claims: homeowner options or Eligible standard WHRS claims: homeowner options.

Enforcement

Resolutions under the Act are enforceable in the District Court, as follows.

Negotiated agreements can only be enforced in the District Court if a Weathertight Services mediator signs a statutory declaration after a written agreement is reached.

Any agreed settlement reached at mediation is binding on those agreeing to it and can be enforced in the District Court.

A decision issued by the Tribunal following an adjudication is the equivalent of an order of a district court and may be enforced in the same way as a court order.

The Ministry of Justice can provide people with more information on enforcement. See their web site .

Other resolution options

There is no obligation on a claimant to use the Weathertight Services resolution process or the Weathertight Homes Tribunal. Claimants can use other resolution options, including:

• the court system
• the Disputes Tribunal (if your claim is for an amount less than $7,500 or less than $12,000 if everyone involved agrees to participate)
• private negotiation
• private mediation or arbitration.

Claimants do not have to close their WHRS claim while they try these other options. However, a claimant cannot undertake adjudication with the Weathertight Homes Tribunal while they are undertaking proceedings through the courts or the Disputes Tribunal.