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be present on various days of mediation or where in the chain of responsibility
each defendant fits. The organization of responsibility involves developing,
among the defendants, a common understanding of the various
instances of “what went wrong” and a shared understanding of the cost of
each of those “wrongs” relative to the whole. Once the defendants have a
sense of those pieces, they can negotiate with the plaintiff.
However, unlike “leaky condo” mediation, in a strata dispute what went
wrong is known and, typically, nobody wants to pay. The mediator must
discover what the needs of the parties are. Are the needs purely emotional,
physical or a mixture of both? Is there a history that is important and needs
to be discussed? Do other people have to be involved? Are there solutions
that require money and, if so, who pays?
Sometimes people ask which end of the spectrum is more difficult to
mediate. The answer is that each type of problem presents its own unique
factual and legal issues. That is what makes being a mediator exciting. It is
a pleasure to be working at the Centre as a mediator and we all welcome
Barry to the helm.
1. See Elaine T McCormack, “A View from the Centre”
(2017) 74 Advocate 729.
Practice Restricted To WCB
Sec. 257 Determinations, Opinions and Court Applications on referral
______________________ 778-426-4455 ______________________
• Claims and appeals • Vice Chair at Review Board for 6 years • More than 25 years personal injury litigation
Vahan A. Ishkanian
Barrister & Solicitor
• Cell 250-508-6336 • Fax: 250-544-0728 • E-mail: email@example.com