Item - 2018.LS24.4

The Licensing and Standards Committee recommends that:

1.  City Council direct the Executive Director, Municipal Licensing and Standards, to establish a one-year pilot mediation referral program, beginning on June 1, 2018, to support certain types of By-law complaints stemming from disputes or conflict between neighbours.   

 
2.  City Council direct the Executive Director, Municipal Licensing and Standards, to report to the Licensing and Standards Committee on the outcomes of the pilot, upon its completion, in the third quarter of 2019.

The vision of Municipal Licensing and Standards (MLS) is to contribute to the safety, vibrancy, and maintenance of our communities by being a leader in the professional delivery of By-law enforcement, administration, and animal care services to the City of Toronto. As part of this, MLS' Municipal Standards Officers work to ensure implementation of, and compliance with, By-laws and standards. In delivering this service, staff work with community members, aiming to deliver excellent customer service, provide options, achieve compliance, and help customers resolve disputes and prevent future complaints.

Though personal disagreements exist in all community settings, disputes between neighbours can become broader, affecting the community. When neighbours begin making frequent By-law complaints against each other, more staff time and resources are needed. On a historical and ongoing basis, there are instances where a high volume of minor By-law investigation requests may arise in clusters of neighbouring properties. In the summer of 2016, City Council asked staff to research alternative dispute resolution and its potential role in resolving some of these enduring or disruptive neighbour disputes that involve investigation and enforcement services.

Staff conducted a jurisdictional scan, which revealed that at least a dozen municipalities across Canada and the United States use mediation, a type of alternative dispute resolution, to help resolve conflicts between neighbours and divert unnecessary cases from City resources, such as By-law enforcement. In addition to the jurisdictional scan, staff conducted interviews with several stakeholders working in, and with, mediation programs across Toronto.

Statistics and findings on success of mediation programs point to success in diverting cases from By-law enforcement and getting to the root cause of long-standing community or neighbour-to-neighbour issues.

MLS supports the City's transformation objectives and is working internally, and with partners, to identify and make improvements to its service delivery over the next several years. Identifying new and effective approaches to serving customers and achieving By-law compliance, through initiatives such as mediation, helps support the division's efforts to be more efficient and obtain effective resolutions.

The Executive Director, Municipal Licensing and Standards, recommends that City Council direct the establishment of a one-year pilot mediation referral program to provide this additional tool for managing some By-law complaints, as appropriate, which appear to be arising from disputes between neighbours.  City staff believe there are opportunities for this type of a process in some instances, and will be starting with a focus on referrals where appropriate, for issues related to noise, fences, and right-of-entry. The pilot program will consist of internal training, developing criteria and referral processes, and communication to staff on referring appropriate cases to free community mediation services delivered by St. Stephen's Community House and Warden Woods Community Centre, trusted City of Toronto-funded agencies. The program will include robust evaluation and monitoring to track success and evaluate outcomes.