Legal

May 1, 2024 Published by Manitoba Chapter - By Kathryn Morris

Dispute Resolution in a Condominium Environment

From the CCI Manitoba Spring 2024 Condominium News and Views Magazine

Conflict resolution centre keeps legal fees low

Conflicts arise all around us. Even in the most favourable and strong relationships, a  situation will eventually need resolution. When conflicts arise that are not easily resolvable, options such as legal intervention, litigation, arbitration and mediation are available.  

When people experience important conflicts in their lives, they tend to contact a lawyer. This might lead to a judicial setting where a judge or justice resolves the matter.  The matter will get settled, but it can be costly, lengthy and can leave those involved feeling unsatisfied with the outcome.  

The reality of a judicial process is that an individual who does not know either of the  litigants applies laws as stated on paper. No consideration is given to emotion and a  final decision is made based on limited information. In the end, both parties will have a finalized outcome, but thousands of dollars might have been spent, vast amounts of time might have been wasted and the outcome might not be favourable to either party.  

Another option available to those in conflict is arbitration. This is similar to a court setting, but the individual making the final decision on the matter is not a judge. The arbitrator will be a well-educated and experienced lawyer or legal professional. The decision made is still based on the applicable laws and is legally binding, but it is made in a much less formal setting and emotions probably have been considered.  

Arbitration is faster than litigation, but it can also be costly. Those involved will still need to hire independent legal counsel and cover the cost of the arbitrator. The fees for a litigation lawyer might be upwards of $500 an hour, so arbitration might also be expensive.

Mediation is a peaceful method for resolution that has those involved in the matter making the final decision for themselves with the guidance and support of a mediator. There is no need to retain legal representation while participating in mediation. However, a lawyer might be required to formalize and file the agreement reached with the court. 

Mediation is significantly faster and less costly than arbitration and litigation. However, it does not guarantee an absolute final outcome. As it is the parties involved discussing and negotiating the terms of an agreement, and not a third-party decision-maker, the possibility exists that the parties involved will not reach a consensus. With the assistance of an attentive mediator, this is a rare occurrence, but the possibility does exist. Mediation is a wonderful resource for those who need assistance with resolution, do not want to spend a large amount of money and would like a timely resolution to a problem.  

The Alternative Resolution Resource Centre (ARRC) is a conflict resolution service centre founded by Winnipeg’s Kathryn Mandarano, an experienced paralegal and mediator. With more than 15 years’ experience in family law, criminal law and human rights, she has an acute understanding of laws, legislation and court processes.  

ARRC provides mediation services with an extra benefit. Many mediators/mediation centres provide their clients with a document called a Memo of Understanding. This document is to be taken to each party’s independent lawyer, who will draft a legal agreement that will be formalized and filed. With Kathryn Mandarano experience as a paralegal, she is able to create formal legal documents and have them formalized as opposed to taking a memo to a lawyer and incurring higher legal fees. ARRC always recommends that clients retain independent legal counsel as an extra layer of security, but with Mandarano being an experienced paralegal and mediator, legal fees are kept to a minimum.  

The services provided by ARRC are in accordance with The Condominium Act, all matters are without prejudice, and with a great respect for confidentiality.  

ARRC can work within any situation where there is conflict, and all parties are open and willing to participate in mediation, in order to have what was once a stressful and difficult situation now be peacefully concluded.

Kathryn Morris is the founder and head mediator at Alternative Resolution Resource Centre (ARRC) and is also a professional member of CCI Manitoba