Beyond the Act: When Mediation and Arbitration Are Also Mandatory

This article highlights the importance of including effective dispute resolution clauses in contracts that condominium corporations enter into. These clauses provide several advantages, including maintaining privacy, offering process guidance, and leveraging flexibility in resolving disputes. The article suggests addressing certain elements in these clauses, such as process initiation protocols, mediator/arbitrator selection guidelines, and page limits for submissions. It advises against overly narrow specifications, over-simplification, and neglecting the dispute resolution clause. Reviewing and negotiating these clauses before finalizing contracts can help avoid complications and uncertainty in the event of disputes.