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Settle a tribunal or protection from harassment dispute online: eNegotiation or eMediation
What is eNegotiation and eMediation
You can try to settle your dispute online without going to court if you have a case filed through the Community Justice and Tribunals System (CJTS) in any of the following:
- Small Claims Tribunals (SCT).
- Employment Claims Tribunals (ECT).
- Community Disputes Resolution Tribunals (CDRT).
- Protection from Harassment Court (PHC).
You have 2 options, eNegotiation and eMediation. Refer to the following table for the 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 CJTS.
Tip
If you need access to computers, visit the Business Centre at Level 2 of the State Courts during the operating hours.
If eNegotiation or eMediation is successful, you do not have to go to court.
Who is eligible
Any party involved in the case can participate in eNegotiation or eMediation.
You should be one of these parties:
- If you are the party who filed the claim:
- (For SCT, ECT or PHC 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
.jpg?sfvrsn=66f803db_2 "Example of how parties in a small claim may reach an agreement through online negotiation in CJTS.")
For employment claims
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 amount claimed.
- Agree to pay the amount claimed 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 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, 1719 KB).
You have the option to request eMediation at any point during the eNegotiation if no settlement has been reached.
eMediation
Either party to the case may request eMediation if the parties are unable to reach a settlement through eNegotiation. This is not available for claims to be filed at the Employment Claims Tribunals as parties are required to attend mandatory mediation at the Tripartite Alliance for Dispute Management before filing.
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 or court in charge of your case. The tribunal or court 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 or court.
After you apply
If the tribunal or court does not approve the consent order, you and the other party must still attend the next scheduled court session.
If the tribunal or court 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 General 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.
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, 1719 KB).
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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