Through the processes of Mediation and Conciliation, the Program can provide the means to effectively settle disputes between homeowners and Builder Members.

MEDIATION

Mediation is an issue resolution process in which a third, impartial, Party (a Mediator) facilitates discussion between the Participants to achieve a mutually acceptable solution to the issues.

Benefits of Mediation:

• Voluntary - both Participants agree to participate
• Flexible - Participants can explore a wide range of potential solutions
• Expedient
• Confidential
• The process is controlled by the Mediator
• Participants create their own solutions, not a third party

When Can Mediation be Used?

A homeowner or Builder may request mediation at any point concerning 1-year warranty issues.

What Does Mediation Cost?

If the Mediation is conducted by a staff Mediator, the Mediation services provided by the Program to our Builder Members and their Customers are conducted free of charge.

Are There Mediation Rules?

Prior to entering into a Mediation there are rules and guidelines that both Participants must agree to. If one Participant does not agree with he process then the Mediation will not proceed. The general rules and guidelines are as follows:

• Both Participants must consent to the Mediation process.
• Participants to the Mediation must be respectful of the other Participants.
• The individuals representing the Participants must have the authority to settle the dispute.
• Participants agree that all discussions are on a "without prejudice basis" meaning all offers and concessions are confidential and cannot be referred to in any subsequent proceedings.
• If an agreement is reached both participants must carry out the terms of the settlement as soon as possible.
• It is understood that the Mediator is to be a facilitator.
• Either Participant has the right to terminate the Mediation hearing at any point during the process.

CONCILIATION

Conciliation is a more formal process where the Program appoints an inspector to conduct a thorough investigation and issue a report to the homeowner and Builder Member. The report outlines actions required and establishes deadlines for completion of the work. If the builder fails to comply fully, the Program will complete the work according to the Warranty Protection Coverage.

The decision of the conciliator shall be final and binding on the Builder, the Program and the homeowner.

When is Conciliation Used?

A homeowner or a Builder Member may request conciliation at any time within 1 year and 60 days of the date of possession of the home. However, conciliation may be requested past this time period if a claim was previously submitted within 1 year of possession. Both parties must agree to conciliation. Typically, conciliation is used when either party is in disagreement with outcome of a claim submitted or when a dispute cannot be settled by the mediation process.

What Does Conciliation Cost?

The Party requesting conciliation must provide the Program with a $250 fee. If 50% or more of the items in dispute are found to be of valid concern (within 1-year Warranty Protection Coverage) and are thus in favour of the issuing Party, the fee is then returned, and the opposing Party must pay the conciliation fee.