It may be possible to resolve your IAP claim without a hearing. Depending on the facts of your claim, your lawyer can ask the Government of Canada if a settlement can be negotiated. If the government agrees, your lawyer would then negotiate with the Government of Canada to find a settlement amount that all parties are satisfied with. Settlements can be negotiated only by claimants represented by a lawyer. Self-represented claimants are not eligible for the Negotiated Settlement Process.
During negotiations, your claim is still active – the parties will continue to collect any outstanding mandatory documents. The Secretariat shares these documents among the parties, but also retains copies in case the negotiation is unsuccessful and an IAP hearing is needed after all.
Entering the Negotiated Settlement Process
Requests for an NSP are made and sent to the Government of Canada which reviews the file and contacts claimant counsel directly if Canada is willing to negotiate. Canada must provide confirmation that the parties are entering into an NSP.
If the parties agree to enter the NSP, the Secretariat receives notification from Canada’s representatives. The Case Management Unit prepares an Evidentiary Package containing all the documentation currently on file submitted by both parties, regardless of whether Schedule D requirements have been met. The package is provided to both parties.
While a claim is active in the NSP, the parties are still obliged to continue the collection of mandatory documents. The documents are directly shared between the parties as well as with the Secretariat for record-keeping purposes and in the event that the negotiation is unsuccessful and that a hearing with an Adjudicator will be required. When document collection is complete during the course of the NSP, the Case Management Unit will contact you to offer the option of scheduling a hearing. If the negotiation process is discontinued, the claim returns to the adjudication process.Fact sheet: Negotiated Settlement Process