Core Components of a Mediation and Arbitration By-Law

The CAO developed this resource as part of its mission to provide consumer protection for condo communities.

Your condo corporation can use this resource to understand the key parts of mediation and arbitration by-laws. These by-laws clarify how parties communicate and participate in mediation and arbitration, supporting efficient dispute resolution and helping avoid costly court cases.

Those seeking to update their by-laws or draft new ones should consult with their legal counsel to ensure that any change to the governing documents don’t contradict the Condo Act.

Here are some key points covered in this resource:

• Clarifying the goals of the mediation and arbitration by-law and who it applies to
• Encouraging good faith participation and early resolution to avoid unnecessary escalation
• Using templates with clear timelines to guide the process
• Selecting qualified and neutral mediators and arbitrators with a clear, fair, and flexible process
• Establishing clear procedures for how a mediator or arbitrator is appointed and replaced if they cannot continue
• Outlining how a mediator’s fees and expenses will be shared among parties
• Providing guidance on how mediation and arbitration officially ends