Many experts in Ontario and British Columbia feel the mediation is a growing opportunity in Canada’s real estate industry.

Mediation is a common method used in the real estate industry for solving informal disputes. This is a service that is generally provided by a third-party. In Ontario and British Columbia, mediation is used to deal with a wide variety of issues. Although, in many other areas such as the Prairies or the Maritimes, the method isn’t normally utilized.

David McCutcheon suggests that there is a ton of opportunity in modern mediation in the real estate industry. He feels that it will help address specific issues regarding construction, landlord issues, and numerous other aspects of the industry. McCutcheon was formally the president of the ADR Institute of Ontario and the ADR Institute of Canada. Additionally, McCutcheon is finishing up his time at his Denton’s Canada LLP litigation practice. He is planning on transitioning into a role in time arbitration and mediation.

“This business is going to grow, largely fuelled by, in my view anyway, the more complicated expertise that you see in the real estate world now than you did 20 years ago and the fact that you’re going to see mediators who are comfortable with that level of expertise,” stated McCutcheon.

Mediation is very well-suited for settlement landlord and tenant issues. This is due to the fact that both the landlord and the tenant can avoid having a hostile disagreement.

Ernest Gutstein of Goldman Sloan Nash and Haber LLP stated that mediation is useful in big construction projects. He feels that it is beneficial to have a mediator that is knowledgeable about the project.

Mediation is very appealing to a number of individuals due to the fact that it is interest-based. Instead of being focused on making a profit for one party, mediators that use interest-based mediation aim to make all parties happy.

Despite its popularity in Ontario and British Columbia, Stan Galbraith feels that there is “very little mediation in the area of real estate” in places like Alberta. Currently, mediation is primarily used in the civil claims process.


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