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. 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

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. 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.

 
© 2008  New Home Warranty Program of Manitoba Inc.