What is eNegotiation and eMediation

You can try to settle your dispute online without going to court if you have a case at any of these tribunals:

You have 2 options, eNegotiation and eMediation. Refer to this table for their differences:

eNegotiation

eMediation

Parties aim to settle the dispute online on their own

Parties aim to settle the dispute online with the help of a mediator appointed by the court

It involves up to 5 rounds of online negotiations

It involves an online chat session with a court-appointed mediator

Only the respondent can start the process

Either party to the case may apply, subject to the court's approval

Both eNegotiation and eMediation take place online through the Community Justice and Tribunals System (CJTS).

Tip
If you need access to computers, visit the Business Centreat the State Courts, Level 2.

If eNegotiation or eMediation is successful, you do not have to go to court.

Who is eligible

Any party involved in a tribunal case can participate in eNegotiation or eMediation.

You should be one of these parties:

  • If you filed the claim:
    • (For SCT or ECT cases) The claimant
    • (For CDRT cases) The plaintiff
  • If you are the party against whom a claim is filed: the respondent.

eNegotiation

Only the respondent can start eNegotiation.

Note
There can be up to 5 rounds of eNegotiation. One round is completed when both parties submit a response. Parties can settle at any round.

For small claims

Example of how parties in a small claim may reach an agreement through online negotiation in CJTS.

For employment claims

Example of how parties in an employment claim may reach an agreement through online negotiation in CJTS.

Log in to CJTS. On the homepage, under the Active Cases section, click on the eNegotiate link for the case in question.

Follow the instructions to fill in the required information. You will be able to choose whether you:

  • Agree to the claim amount.
  • Agree to pay the claim amount by instalment.
  • Would like to propose an alternative amount, date of payment or instalment arrangement.
  • Do not agree with the claim (but do not have an alternative proposal).

If you are proposing an alternative arrangement, you should include the details. For example, if you want to pay by instalments, you should list the amount you will pay for each instalment and the respective due dates.

After you submit the form, the other party will receive a notification to log in to CJTS and respond.

If you receive a notification that the respondent has started eNegotiation, log in to CJTS.

You may take one of the following steps:

  • On the homepage, under the Active Cases section, click on the eNegotiate link for the case in question.
  • Under the eNegotiation tab, click on the case in question.

You will be able to see the respondent's proposal and choose one of the following ways to reply:

  • You agree to the respondent's proposed sum.
  • You agree to the respondent's proposed instalment payment.
  • You would like to propose an alternative amount, date of payment or instalment arrangement.
  • You do not agree with the respondent's proposal.

After you submit the form, the other party will receive a notification to log in to CJTS and respond.

For detailed instructions, refer to the guide on eNegotiation in CJTS (PDF, 1.3 MB).

You have the option to request for eMediation at any point during the eNegotiation if no settlement has been reached.

eMediation

Either party to the case may request for eMediation if the parties are unable to reach a settlement through eNegotiation.

In CJTS, under the eNegotiation page, select Request for eMediation. After you submit your request, the other party will receive a notification. The court will process your request and check if the other party is agreeable to eMediation.

If both parties agree to eMediation, the court will contact the parties to schedule a date and time for eMediation.

If one party does not agree to eMediation, it cannot proceed. Both parties will have to attend the next scheduled court session.

Outcomes of eNegotiation or eMediation

If you do not reach an agreement with the other party, both parties will have to attend the next scheduled court session.

If you reach an agreement with the other party, one of the following can happen:

  • Either party may apply for a consent order to record the agreed terms.
  • The claimant or plaintiff may withdraw the claim.

For eMediation, the mediator can facilitate the request for a consent order.

For eNegotiation, you or the other party may apply to have the agreed terms recorded as a consent order through CJTS. On the eNegotiation acknowledgement page, select Apply for Order of Tribunal.

This application is subject to the approval of the tribunal in charge of your case. The tribunal may not approve the order if the settlement terms:

  • Cannot be put into a consent order.
  • May not be enforceable.
  • Are not within the jurisdiction of the respective tribunal.

After you apply

If the tribunal does not approve the consent order, you and the other party must still attend the next scheduled court session.

If the tribunal approves the consent order, you and the other party will receive a copy of the order through CJTS. Neither you nor the other party will need to attend court.

Both parties will have to comply with the terms of the order. You cannot appeal to the High Court against such consent orders.

If you are the claimant or the plaintiff, you may apply to withdraw the claim through CJTS. Under the Online Applications tab, select Withdrawal Request Form. Follow the instructions to fill in the required information.

After you apply

If your request is approved, the claim will be withdrawn. Both parties will receive an email notification. Neither you nor the other party will need to attend court. There will be no further proceedings at the tribunal.

If your request is rejected, you will receive an email notification. You will still need to attend the next scheduled court session.

Resources

For eNegotiation, refer to eNegotiation in CJTS (PDF, 1.3 MB).

Related questions

A settlement refers to an agreement by parties on terms that are acceptable to all of them.

For example, for a SCT case where a claimant is filing for claim of $300 for the price of goods sold, the respondent may only be willing to pay $200 as there were some defects in the goods. If the claimant agrees to the $200 payment, that would mean the parties have arrived at a settlement.


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