Colm Brannigan

Condominium Mediation

Condominiums are communities and people have no option but to learn to live together. Dealing successfully with disputes contributes to the overall community. Mediation is especially appropriate for condominium disputes as common interests exist and the disputes are often about the parties’ relationship as well as other issues.

The benefits of mediation as a dispute resolution process include:

• You choose the mediator;
• Mediation is informal;
• Mediation is confidential;
• Mediation helps with communication;
• Mediation avoids a “win-lose” approach;
• Mediation often defuses hostilities, clarifies issues, and expands options even if the dispute is not completely resolved;
• Mediation preserves relationships and community values which is most important in condominium disputes as the parties will usually continue to be in close proximity with each other if not actually live beside each other;
• Mediation is usually faster and less expensive than litigation;
• Mediation helps the parties reach their own settlement;
• Mediation is flexible and solutions can be tailored to the parties’ needs and interests.

Cost of Mediation

Although mediation is a far less expensive process than litigation, it does have significant costs. For the condominium corporation and the unit owner, there are the costs of legal advice and the mediator’s fees. These fees vary depending upon the experience of the mediator and the length of the mediation.

Given the unique nature of condominium disputes, it makes sense to choose a mediator with experience in the field.

The Condominium Act requires that each party pay the mediator’s fees and expenses which usually means that each party will pay 50% of the fees. It is not uncommon for a mediator to require one or other party to pay 100% of the mediator’s fees if they did not attend a scheduled mediation, or behaved in a way that defeated the purpose of the mediation.

If you are a unit owner or a condominium corporation and receive notice asking you to mediate a dispute, you should seek legal advice as soon as possible. It is not a good idea to ignore a request to mediate or decide not to participate in mediation as doing so will trigger arbitration and far higher costs.
 

For further information please contact me.