Through the processes of Mediation and Conciliation, the Program
can provide the means to effectively settle disputes between homeowners
and Builder Members.
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. For the purposes of general claim resolution, a
qualified staff member of the Program will assist in this process.
A homeowner or Builder may request mediation at any time concerning
1-year warranty issues. In most situations mediation by the Program
is a ‘built-in’ process that naturally occurs upon
receipt of a warranty claim. The Program will assist by reviewing
the alleged deficiencies, may perform inspections of the home
if necessary, and will then guide the builder and homeowner toward
a resolution congruent with the terms of warranty. During this
process it is not uncommon that additional 3rd party input be
acquired from qualified professionals (ex: engineers, municipal
inspectors, product manufacturers, etc.).
What Does Mediation Cost?
If mediation is conducted by the Program there is no charge. Should
the builder and homeowner seek mediation services outside the
Program, they are responsible for any costs that may be incurred.
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
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. 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?
A homeowner may initiate conciliation by providing the Program
with a deposit (fee is determined by the Program). 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 homeowner, the fee is then returned.
To request conciliation,
please contact our office.