Pre-Hearing Conferences If a tribunal’s process allows for a pre- hearing conference, it will be governed by s. 5.3 of the SPPA The purpose of a pre-hearing is to: Promote settlement discussion Narrow or simplify the issues in dispute Allow the parties to agree on facts/evidence Set dates for any further steps and a hearing Any other matter that will assist in a just and expeditious hearing
In almost all cases the tribunal member attending the pre-hearing will not be the adjudicator at the final hearing It is possible for there to be more than one pre-hearing in a proceeding if the need arises Some tribunals may have a variation of a pre- hearing, such as a “case conference”
Other Steps Mediation is a method of alternative dispute resolution (ADR) – it is a meeting with an impartial party to attempt to settle the issues in dispute The decision maker does not have binding authority Some tribunals may make mediation a mandatory step in their process or it may be offered as a voluntary option for the parties, see Section 4.8 of the SPPA
Motions are an application made to a tribunal prior to a hearing to obtain a ruling on an issue in the proceeding – ie...an order that a party disclose a document it has refused to provide, a motion to determine the jurisdiction of the tribunal, a motion to determine a preliminary issue (such as the expiry of a limitation) Motions are requested by a party and are usually made in writing or orally