CONDOBUSINESS April 2016

Page 37

DISPUTE RESOLUTION

ove r s t af fe d . Q u e s t i o ns a ro u n d t h e qualification and training of tribunal staff remain a material consideration as well. One need not look too far to see where similar structures have stumbled in the past. It can literally take years to work through the process of the Ontario Human Rights Tribunal currently. Similarly, in 2012, the Financial Services Commission of Ontario outsourced up to 2,000 mediation files per month in an attempt to catch up and maintain normal workloads for its in-house personnel. Te c h n o l o g y m a y e n d u p b e i n g the saving grace here as it is highly anticipated that the tribunal will incorporate online dispute resolution processes. Those keen to get a better grasp of how this may work can look to what is happening currently in British C o lu m b i a w i t h i t s C i v il R e s o lu t i o n Tribunal (CRT). B.C.’s CRT is designed to provide 24/7 access to resources that can help address condominium disputes, including a Solution Explorer (in beta testing at the time of this writing). The Solution Explorer will take parties through a process where they can identify their problem, find out what information they may need to address it, understand what they can do to improve the situation and learn about possible next steps, including the recommended path. Presumably, Ontario can establish something similar that can help educate and inform those experiencing condominium issues easily and quickly, without being costly. While likely limited in the degree to which it can take unique circumstances into account, a system of this nature can streamline the process by directing parties to the appropriate path to conflict resolution. In another example, the Cit y of Mississaug a’s By - law Enforcement Department has incorporated a less automated and less formal system similar to what is being envisioned in Ontario. The department’s website dedicates sections to various common complaints it receives (noise, fences, debris, etc.), and each section provides information — such as which by-laws apply and how to lodge a complaint — in an easy-to-access format. After a complaint has been submitted and initially reviewed, the department’s website encourages parties to follow a particular path to address their conflict — mediation, court

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