Strata Civil Resolution Tribunal Update
The SCRT was brought into legislation in 2009 and has been a work in progress since then.
David Merner, head of the Department of Justice’s Dispute Resolution Services office, provided an update to the BCAMI at a recent workshop.
- The purpose of the CRT is to cut costs, complexity and time to complete the resolution of a dispute between strata and owners or between owners themselves.
- It will be through self-representation, informal and have flexibility.
- Lawyers will be required to obtain permission to participate; options to involve a “helper” will be available.
- Process is to be electronic by way of “Guided Pathways” to assist participants to determine what the issues are, and whether a dispute really exists.
- There will be user tools along that pathway. Goal is triage; to bring out the issues.
- Early avoidance of arbitration will be encouraged through a case manager.
- It will start as a mediation, with the case manager providing input as to whether a case would be successful.
- If the case manager is unable to resolve the issue by agreement, it will proceed to arbitration.
- Proposed date of spring 2015 initiation, HOWEVER, as it is electronic, it may take longer to perfect.
- Year 1 will be voluntary participation up to $10,000. Year 2 will be mandatory for both parties.
- The success will be based upon triage and case management.
- $3.5 million to implement the process, plus operating budget; have been set aside.
BCAMI is also creating a procedure for dispute resolution between Strata and contractors.
For further information, please contact Peter Austin.
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