Question: I’d like to know whether arbitration is mandatory if mediation fails?
Also, can the condo corporation bill me for their legal fees for mediation? I understand that the parties are responsible for their share of the mediator only.
Answer: Arbitration is the next step if you or the condo board choose to take the dispute farther. You can not take the dispute to court normally. Sometimes where it is not settled at mediation nobody proceeds further because of the cost of arbitration or another way is found to deal with the issue. If there is a mediation bylaw it can govern the costs of mediation. Also the mediator can make a binding order regarding costs. Otherwise without a costs agreement each party has to pay their own share.