What is the mediation requirement?
The new Act deems a mediation clause to be part of almost every agreement affecting a condominium. This means that most disputes within condominiums must attempt to reach settlement using mediation or if mediation fails the situation must proceed to arbitration before anyone involved will be permitted to go to court for a resolution. The mediation shall be by a person selected by the parties. According to section 132 of the Condominium Act, 1998 the mediator shall “confer with the parties and endeavour to obtain a settlement” with respect to the disagreement submitted to mediation. Payment for the mediator’s fees and expenses will be according to the terms of the settlement resulting from the mediation or as specified in the notice by the mediator that the mediation has failed. The only disputes which are not required to go to mediation are those where the parties have previously submitted the same matter to mediation. If a mediator has not obtained a settlement between the parties the
