Dispute resolution negotiation for lower-value claims 

Negotiation is an informal, flexible way of finding a solution between the claimant and the parties involved with the construction of the dwellinghouse. The Department can assist in arranging the negotiation but the negotiation will be chaired by the claimant. We strongly recommend that any agreement negotiated is put into writing to protect all parties. A weathertight mediator can sign such an agreement after it has been put together if the parties wish it to be enforceable in a District Court.

If the claimant and parties choose to proceed with negotiation, a settlement advisor will discuss with them how a negotiation may work. However, the settlement advisor will not attend or chair any negotiation session.

Some things the settlement advisor can do are:

• inform the claimant and parties of common pitfalls
• provide a template for the settlement
• arrange a venue for the claimant and parties to meet
• assist the claimant and parties in how to conduct the discussions
• facilitate the exchange of position statements before the negotiation
• provide a mediator to sign a statutory declaration after a written agreement is reached making the agreement enforceable in court.

If the claimant and parties choose to pursue negotiation the settlement advisor will send them an information sheet with more detail on the process.