Chapter Twelve — Dispute Resolution and Conflict Avoidance Introduction 12-2 The Angry Resident, 12-2 Discovering the Real Problem 123 Body Language 12-4 Tactics to Diffuse Anger 12-4 Dealing with Threatening Residents, 12-5 ‘The Director/Owner who Spends Hours in the Site Office, 127 How to Say “No” and Not Get Fired. 12-8 Conflict/Dispute Resolution, 12-9 Dispute Resolution through CAO. 12-10 The CAT Process (Records Only) 12-10 How to file a Case 12-12 Mediation, 12-12 Arbitration, 12-42 Documentation, 12-14 Act Professionally and with Integrity 12-15 Chapter Twelve Questions, 12.16 Chapter Twelve Appendix. 12-17 12-1|PageChapter 12 — Dispute Resolution and Conflict Avoidance Introduction This chapter covers the role of the condominium manager in managing relationships and conflict within the condominium community to ensure efficient and cost-effective resolution. Topics include the angry owner, discovering what the real problem is, reading body language, and tactics to diffuse anger, as well as responses to verbal and physical threats by owners. In addition, how to deal with the owner or Director who spends hours in the site office, how to say “no” and not be fired, and dealing with conflict and disputes are also covered. Finally, the dispute resolution process provided through the Condominium Authority Tribunal is outlined. Residents in a condominium normally come to the management office when there is a problem. They rarely come to the office to chat and even more rarely to tell the condominium manager that s/he is doing a good job. As mentioned earlier it is important that the condominium manager has thick skin — the meaning of this is that the manager should not take things personally. The manager's role is to take a difficult situation and make owners feel that they have been looked after satisfactorily. The Angry Resident It is easy for discussions with residents to be emotionally charged; a condominium manager ‘works from the resident's home which is, of course, personal to them. When people come to the office upset, the most important thing is to allow them to vent and to listen. Sometimes that’s all it takes and other times the manager needs to show them that s/he has understood them. To do this, the condominium manager should summarize the concerns as the manager has heard them, and not be too quick to respond. The manager’s mind works ten speech, When someone is talking, it is easy for him/her to jump in and respond. The condominium manager needs to make a conscious decision to listen and hear everything the resident is saying before responding. 1es faster than their In a condominium, there are many reasons why someone might come to see the condominium manager and be upset. These could include: = Noise that is keeping them up 122|Pag e «* Lack of action by the staff to respond toa concern = Damage caused to their unit "Problems with their neighbours = Common element deficiencies Regardless of why they are in the office it is the condominium manager's role to listen, take action and attend to their concern. Some things the manager can control the timing of, while others they cannot. The key is communication and keeping the residents informed. Always be honest with them, even if delivery information they do not or will not want to hear. In the long term, it will show the condominium manager's integrity and build trust. Anger is generated for many reasons. At first glance the condominium manager may have no idea what people are going through, and unless they share the underlying problem may never know the source of their anger. ‘When dealing with an angry resident it is important that the condominium manager keep their voice at a normal level and that s/he does not get drawn into the emotion of the situation. Ask the resident to sit down. If the manager is getting upset, it is suggested they try and do deep breathing to help calm down, Discovering what the Real Problem Is In order to understand what the real problem is the condominium manager needs to establish trust with the person. The person needs to trust the manager to let him/her in and be vulnerable. It starts with effective listening, making eye contact, showing empathy, building a relationship and finding common ground where the manager can relate to the other person. People have a need to be heard and understood. Be transparent and honest with people. Often the real problem is that someone feels like they are lacking information and that the condominium manager has not been forthcoming with their communication. The manager should share what they know and get back to them when more information is available. Once the person is calm and feels that they have been heard, it is likely that they may share with the manager what is really bothering them. In addition, they will often apologize for their outburst or recognize that the manager is not the cause of the problem. 123|PageSometimes the condominium manager may not get to the problem and people will come back hours or days later and share the root problem with them or acknowledge their inappropriate behaviour. Whether they ever acknowledge or recognize the problem or apologize, remember it is not personal — the condominium manager has a job to do and does it to the best of their abilities. Not everyone will ike the manager or be satisfied with their response. Body Language Body language plays a significant role in communication; approximately 50-80% of all human communication is non-verbal Body language communicates how a person is feeling without speaking. People communicate using physical cues such as the position of their body, the space maintained between people, facial expressions, eye contact, breathing, gestures and how people hold their arms and other body extremities. To be effective at dealing with people the condominium manager needs to understand how to read someone's body language. Learn how to lead others to modify their body language for more effective, calm communication. The manager's body language can at times escalate or defuse a situation. It starts with being conscious of what his/her body and others’ are reflecting, determining the direction they want the conversation to go and taking steps to align the two. Tactics to Defuse Anger ‘There are many ways to defuse anger. It should be the goal of a condominium manager to always defuse the situation. Recognize that it is a person’s right to get angry. The manager does not want a resident to leave their office angry; instead s/he wants them to leave with a sense that ‘they have been heard, that the manager is serious about resolving the situation and that they are in good hands. Tactics to defuse anger include the following: © Ask the resident to sit down or come into the office Start by giving the person the floor and saying “how can I help you?” © Usten to the angry person © Make eye contact with them * Take down notes to show understanding of their concerns 12-4|Page‘* Once the person is finished speaking, pause before responding to them ‘+ Start by summarizing their concerns ‘If answers are available, then provide them; if not, advise the resident that the problem will be looked into and information provided ‘* Communicate the timeline for the response * Get back to them before the timeline even if the answer is not available ~ give them an update Follow-up as necessary Dealing With Threatening Residents ‘As mentioned earlier, living and working in a condominium can be very volatile. Some residents can be bullies while others have a particular situation that might make them angry. Dealing with threatening residents is just a part of a condominium manager's role. Acknowledging someone’s anger does not condone the behaviour. A good manager needs to be skilled in mediation and the ability to defuse situations. Under the Occupational Health and Safety Act, and Bill 168, the condominium corporation has a duty and responsibility to provide a safe workplace for those affected by domestic violence, workplace violence and harassment, This duty extends to everyone working at the site. The Criminal Code of Canada, Section 217.1 states that “everyone who undertakes, or who has the authority, to direct how another person does work or performs a task has a duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task”. Links to the above legislation can be found in the Chapter Appendix. ‘A condominium manager represents the building, the Board and employees and being a responsible employer is an important task. Under the Occupational Health and Safety Act, Bill 168 and the Criminal Code a manager has a responsibility to protect those working at the site. That protection starts with having a policy, training the staff and fostering an atmosphere or work ment that encourages people to be open and honest. Once the condominium manager is aware of a situation they are required to act. Workplace violence and harassment can come in the form of verbal abuse, physical abuse and inappropriate behaviour of a resident or fellow member of the team. 12-5|PageGet to know the staff as individuals. Create an opportunity for communication either through a face-to-face meeting, through a fellow employee or through a suggestion box. The condominium manager needs to know about an inappropriate behaviour in order to do something about it. If s/he does not know of something first hand but learns of it some other way, they are just as responsible. Start with a conversation with the employee to gather the facts. Then take steps to meet with the supervisor if the employee is a contract employee so that the condominium manager can keep them apprised of the situation. Try and verify the situation with other employees and see if others have been in a similar situation. Once the manager has all the facts, they should set up a meeting with the individual accused of the inappropriate behaviour to address the situation. Management should ensure to take someone with them as witness. Follow up with written communication. If the individual is a resident, the condominium manager should advise them that the behaviour is inappropriate and that although this is their home it is also a workplace governed by legislation. Lastly, take steps to protect the employee and their co-workers by setting out policies and procedures that ensure that the employee is never alone with that resident. Change job roles or responsibilities and have the employee accompanied while doing work in a particular area. Check in with the employee on a regular basis to ensure the situation has been defused. Verbal and physical threats by residents should not be tolerated. It is often impossible in the role of condominium manager in dealing with difficult people to avoid the situation altogether. Similar to dealing with an angry resident, the manager needs to utilize the tools that they have learned to listen, not take it personally and remain calm. There is no excuse for abusive behaviour nor should it be tolerated. However, once someone has vented it is often over. The condominium manager should try and have them focus on the problem and not on the manager. Ifa person becomes verbally abusive the manager can calmly tell them that the conversation is not going anywhere, that they really want to help them but in order to do so the manager needs them to calm down, At times verbally abusive residents will use inappropriate language which can be quite offensive. Management should tell the resident that they are offended and if the abusive or inappropriate language does not stop they will have no other alternative but to hang up or end the conversation ifit is face-to-face. The condominium manager should show empathy and that they are ready and willing to help but let the resident know that their assistance is needed in order to do so. Physical threats are even more serious than are verbal threats. A condominium manager should never try and be a hero. If a manager ever feels threatened in any way it is important to move the conversation to a public area or open the office door and ask a fellow colleague to. 12-6 |PageJoin in the conversation. The safety of the manager is paramount. As in the above employee/employer situation for the corporation that duty extends to the condominium ‘manager as an employee at the site. The person should be told that the manager feels threatened and the conversation cannot continue. Again the manager should indicate they would be happy to meet with them and obtain an understanding of their concern and address ‘the situation once they have calmed down. In the worst case scenario, do not hesitate to contact the police. They will be quick to respond should the manager express concern for their safety. They will often act as a mediator and defuse the situation. Should a resident be persistently abusive the condominium manager should ensure that they never put themselves in a vulnerable situation. If the manager has a two-way radio, utilize a radio signal to have the staff come to the office. This can be done by depressing the v ‘communicator so the person on the other end can hear the conversation. e Finally, the condominium manager should not be afraid to refer the person to their supervisor. ‘Sometimes bullies need to know they are in charge or they got the manager “into trouble” to be satisfied. If the manager refers someone to their supervisor, they should make sure to give their supervisor a brief summary of the situation rather than having them be blindsided. The Owner/Director who Spends Hours in the Site Office Managing a building is as much about the physical property as it is about people. Having an ‘owner or Board member constantly in the management office can be counterproductive to getting things done, The best way to get rid of someone in the office is through honesty. The condominium manager should let the person know that they have a job todo and while the Board member or owner is in the office the manager is unable to work effectively. If that doesn’t work then it is suggested that the condominium manager not give them their undivided time. Give the individual five minutes of one-on-one time and ask them if they would mind if s/he works on something, then continue to work. From a time management perspective kely that the person visiting will come at a regular time each day so, the manager should plan to do things during their visit that allows them to multi-task and that do not take the manager's focused attention. Lastly, a quite effective solution is to keep them busy by giving them tasks around the office that will benefit the condominium manager, such as filing, coding, etc. This will ikely drive them away or they will step up and help. Peer pressure can also work quite effectively by having a fellow Board member speak to them 12-7|PageHow to Say No and Keep Your Job One of the most difficult things to say for anyone is “no”. Condominium managers have a customer service perspective where they feel they can make anything happen. Unfortunately part of being a condominium manager means having to say “no” and stand firm in difficult situations. It starts with confidence. The more confident the manager is, the easier it will be to say no. The more they understand a topic the more confidence s/he will have to recognize when something is not correct. Respect is something that a condominium manager earns. With each positive experience s/he has with their Board, they are instilling confidence and respect. When the time comes to correct behaviour, if the manager has invested enough they will listen and respect him/her. The condominium manager should be selective in picking their battles. f the corrective action is not necessary in the moment — they should bide their time. The manager can always correct, someone in private, and after the meeting the person will respect him/her for having done it privately. The manager should be mindful of their surroundings; they should try not to correct their Board in front of their colleagues unless they can do it in a tactful way that will not show disrespect. When a condominium manager needs to correct misinformation, they should do so in a way that focuses on the situation not the person. The other very effective way to correct someone is by asking their permission to speak to clarify a situation; in most instances they will listen. ‘An important tool for a condominium manager to bring with them to each meeting is a Condominium Manager Manual. This should be a binder which includes but is not limited to: © Acopy of the condominium documents © Acopy of the budget for the corporation * Financial Statements * Management reports and minutes * Acopy of the Condominium Act, 1998 with revised section on harassment, conduct and behaviour etc. When a situation or comment arises which may not be correct, the manager should reference the actual section or wording; this will lend credibility to them and will help sway the Board members appropriately. 12-8 |PageConflict/Dispute Resolution within the Condominium The condominium manager's role often entails dealing with both conflicts and disputes in an informal manner. Many of the skills learned earlier will apply, the most important of which is the ability to listen. Conflicts can be perceived as a difference of opinion, controversy or disagreement. Many dictionaries describe disputes as an argument or debate. y The person disputing something is likely very passionate about winning or striving to get their point across and convincing others to see their perspective. The manager should recognize their limits and know when to get a solicitor involved. The manager needs to remain neutral and if they cannot they need to recommend senior management involvement or that the corporation engage their solicitor. The manager is not a lawyer, and acting outside the bounds of the management agreement can in fact put the management company in a position where they can be liable for the manager's actions or inactions. Be careful also to have others involved in the process as necessary to support a position or to be able to see a different side of things during the discussion. The steps to informally resolving disputes are as follows: 1. Come to the table with an open mind 2. Listen and acknowledge only the arguments; do not agree or disagree, investigate if necessary Put oneself in the other person’s position and see their perspective Try and remain solution-oriented Seek a compromise that will benefit both sides Create an agreement aay One of the key strategies to deal with a dispute before it escalates is to take time to hear the arguments. Keep an open mind. A variety of individuals bring a wide range of skills, experiences and opinions to the table which helps to create a healthy building and dynamic. If everyone shared the same opinions there would be no constructive discussion or debate and the building would be run like a dictatorship. The Condominium Act requires that the Board take all reasonable steps to resolve a situation with owners before they go to Court. 12-9|Pag e 6Dispute Resolution through CAO ‘The Condominium Authority of Ontario (CAO) provides dispute resolution between owners and boards under the Condominium Authority Tribunal (CAT). They have developed a new online dispute resolution system (CAT-ODR) or Condominium Authority Tribunal Online Dispute Resolution. It is designed help people resolve their disputes conveniently, quickly and affordably. ‘The CAT has three stages of dispute resolution: © Negotiation * Mediation © Tribunal Decision Currently, only Section 55 “records disputes” can be filed with the CAT, although it is expected that government will add more dispute types in the future. As noted in the previous section other disputes can still be addressed through mediation and arbitration. The CAT Process (Records only) It is likely that the CAT process may change over time, so it is important that the reader rely on the information that is posted on CAO’s website and check it to ensure they have the most-up- to-date information. The following information is designed as only a high level summary to help and assist owners, management and the board to prepare for filing, submitting and joining a case: * Before you file, ensure that you have read and understood all the information about records on the CAO website. It may be helpful as not all records disputes need to be filed if an alternative resolution can be offered or found. ‘The CAT on-line dispute resolution system has several steps, which are provided below at a high level: * Filing a case: this discloses who is involved and what the case is about ‘+ Joining a case: this step allows the other person involved in the dispute to join the case and go directly to Negotiations 12-10|PageStage 1: Negotiations: this provides the chance for the Users to work together and settle the issues by themselves. If the Users can negotiate and agree on a settlement, this will save everyone time and money, and it will help finish the case quickly. Stage 2: Met if the matter has not been resolved at the Negotiations stage, it moves to mediation. The matter will be assigned to a CAP Mediator, who will join the case. CAT Mediators are experts in mediation and alternative dispute resolution who will help the Users try to reach a settlement. Users can continue to send messages to each other and make settlement offers. The Mediator will decide how they want to conduct the Mediation and what to say to the Users. ‘Stage 3: Tribunal Decision: if the matter has not been resolved at the Mediation stage, a Member of the CAT will be assigned to hear and decide the case. Each User has a chance to provide evidence and arguments about their case to the Member. The Member will then make a decision and write a final order, which the Users must follow. What follows the Case Decision: after a case finishes, a User may still have unresolved issues. Depending upon how the case was closed, different options are available, as follows: Settlement agreement — both Users must comply with a Settlement Agreement, if one was agreed to. If one User does not comply, the other User can file a new case with the CAT for an order requiring them to comply Order, Decision or Consent order — both Users must comply with an order, decision or consent order from the CAT if one was issued. If a User does not comply, the other User may need to enforce the order, which takes place through the courts and not the CAT. Enforcement may take place in either Small Claims Court (for monetary amounts under $25,000) or the Ontario Superior Court of Justice (for monetary amounts greater than $25,000). Dismissal ~ if a case was dismissed because a User missed a deadline or did not respond to the CAT’s instructions that User may be able to re-file, Withdrawal - if a case was closed because a User withdrew, that User may be able to re- file the case with the CAT. The CAT has a set of “Rules of Practice’, effective date of November 1, 2017, the link to which has been added to the Chapter Appendix. 12-11|PageHow to File a Case Information can be found on the CAO website, with easy instructions on how to file a case, however the following Is a reference: © Create an Account ‘© Applicant Information ‘¢ Respondent Information ‘Problem Description ‘* Proposed Resolution * Attach Documents * Completion ‘* Delivery of Notice Mediation If the dispute is not about Records and therefore can’t be taken to the CAT, mediation may be considered as a next step for dispute resolution. Mediation is an informal process whereby parties to a conflict agree to a mediator who is independent of the parties and of the dispute/conflict. Parties come to the meetings with authority to consider all possible solutions to the dispute/conflict. A professional mediator does not make any decisions; they only listen to the issues provided by the parties involved. The mediator’s job is to assist the parties to resolve their issues, not to negotiate. Should there be no resolution to the dispute/conflict, the next course of resolving an issue is through arbitration Most mediation is handled by condominium representatives including Board members and the condominium manager and representation from the owners/tenants ~ this helps foster a non- threatening environment. Both parties agree on a mediator and in advance agree that the costs are to be shared 50/50. Normally mec ions will last a few hours or one day. As the Board and owner deem necessary they may bring their legal counsel but they are responsible for their costs, As the length of time is limited and the parties agree in advance to who will cover the costs, ‘ion will likely be less costly than arbitration. Arbitration Arbitration is a more formal process where parties agree to have an arbitrator. Usually, an arbitrator makes decisions on points of law. Arbitrators listen to all information provided by the 12-12 |Pageparties and can make a determination as to how a conflict or dispute can be resolved. An arbitrator's decision to the dispute/conflict is held to a higher standard than that of the mediator ina court of law. An arbitrator’s decision can only be overturned by a judge in a court of law should the parties not adhere to the arbitrator's decision. Arbitration normally takes place after mediation and will entail the use of solicitors on both sides. The parties will agree to an arbitrator and the costs will be approved on a per day basis. The length of the arbitration is not known up front and the time will encompass the arbitrator's time in and outside the room. The in-room time will allow both parties to have an opportunity to share their sides of the story and any evidence. The other time will be when the arbitrator takes the materials away and reviews the facts to make a ruling. There is no limit to the time s/he will need to take to make that decision — in addition during this process s/he may seek clarification of the facts from either side. These two methods involve the use of a third party to help resolve the situation. Both are quite costly. The main differences between the two methods are summarized below: Mediation Arbitration Parties get together to resolve the dispute, With or without counsel. Mediator acts as a facilitator to get the parties speaking Parties get together to resolve the dispute normally with individual counsel. | Arbitrator acts like a judge hearing the arguments from both sides and making a decision. The two parties try and come toa The arbitrator draws up an mutual agreement Non-Binding agreement Binding on all parties There are two significant differences in arbitration and mediation. The first is that mediation is non-binding; the parties may come to an agreement at the end of the day and not follow through. There is nothing forcing them to comply. Arbitration is binding and failure to comply will have significant ramifications if it has to go Court, including financial penalties. The second significant difference is costs: mediation is generally less costly than is arbitration. Both mediation and arbitration can cost anywhere from $10-50,000 or more. It can be perceived that Court costs would be far less and in some cases it may be true. The steps in a Court resolution were well covered in ACMO’s Condominium Law course but a reminder of the proce: 1, Statement of claim — when the plaintiff makes an allegation 12-13|Page2. Response to the statement of claim ~ when the defendant defends what the plaintiff is saying 3. Request for documents — there is a requirement for both sides to produce their documents to support their case 4, Discovery both parties have an opportunity to interview witnesses, experts, etc. to help build their case and formulate the questions they will ask the people on the stand. 5. Trial the parties’ day, week or month in court depending how long it takes to present, cross examine and summarize the case 6. Judgement - when the judge makes a ruling on the situation The most significant difference is the length of time from beginning to end and the amount that will be spent on legal fees by all parties. ‘An alternative to all of the above which may be used in some instances is Small Claims Court. ‘Small Claims Court is used in cases where the costs or damages fall below $25,000. A party can file a Small Claims Court claim by spending $50. Once it is filed with the Court it needs to be served on the other party and they have 20 days to respond with a defence. Once both sides have submitted, a hearing date will be selected and then the condominium manager attends to the courthouse. The best case scenario is that steps will be taken to settle the matter in the waiting room just by bringing the two parties together. The next step would be to sit with a mediator who will try and get the two parties to talk and try and settle. Should this fail — it will be set for trial which will likely be in the afternoon of the same day or shortly thereafter. The result of most Small Claims Court hearings is settlement. The few that do go to trial are heard by a judge with likely less experience or educational background than a normal Court judge. Documentation The most important thing in management is documentation; a condominium manager will never know when a situation may become a larger problem. Most often it starts with a violation or rule infraction; steps are taken by the manager to correct the situation through a letter to the homeowner. For the manager, the desired outcome is clear: compliance. For the homeowner, it may not be so clear: they may become passionate about the situation and dig their heels in. The condominium manager needs to assume that all matters will escalate. Obtain all complaints in writing, try and verify the complaint and follow up with written communication. Emails, logs of phone calls or voice messages and letters will all need to be kept on file. Risk management around conflict is critical — it s necessary to create a good paper trail and be able to produce the documentation as necessary. A manager should keep their filing current and if s/he decides to maintain the file electronically be consistent to keep everything together. 12-14|PageDocumentation is required not only with owner disputes but any situation such as building deficiencies, disputes with contractors, etc. Keep clear and concise records. Act Professionally and with Integrity The manner in which the condominium manager handles the day-to-day management and affairs of the building defines them as a manager in a small industry. The manager has the ability to make a conscious decision about who they are and how they manage. While a manager cannot control the people around them, they can rise above the situation. Being solution-oriented will be the key to success in dealing with difficult people, resolving disputes and handling mediation, arbitration, application to the CAT for dispute resolution and in some cases the requirement to go to court. 12-15|PageChapter Twelve — Questions 10. . Explain the differences mediation and arbitration.-PH*92P ARBLTRA To 11. 12. 13. 14. 15. Name some ways to deal with an angry resident? How do you establish trust? Body language plays a significant role in communication. What are some of the physical cues to look for? What are some tactics to diffuse anger? P_ /.-4. Bill 168 requires that a corporation has a duty and responsibility to provide a safe workplace for those affected by domestic violence, workplace violence and harassment. What should a responsible employer do to be compliant with this legislation in a condominium? What tactics could be used to solve a problem where an owner or director spends hours in the site office? It has been suggested in the manual that a condominium manager develop a tool to bring with them to Board meetings. What should be included in this Condominium Manager Manual? What are the steps to informally resolving a dispute in a condominium? What is the body that provides dispute resolution between owners and boards through the Condominium Authority of Ontario? Name the three stages of dispute resolution under the body named above? What are the steps in a court action? ‘What is the limit of damage you can claim from small claims court? 2.5, 00 What are the steps in a small claims court action? In what ways can a condominium manager act professionally and with Integrity? 12-16 |Page5 Chapter Twelve — Appendix The resources for this chapter are: Occupational Health and Safety Act http://www.e-laws.gov.on.ca/htm|/statutes/english/elaws_statutes_90001_e.htm. Bill 168 http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&silllD=2181 Criminal Code of Canada htto://laws-lois.justice.gc.ca/eng/acts/C-46, CAT Rules of Practice https://www.condoauthorityontario.ca/en-US/tribunal/cat-rules-and-policies/cat-rules- of-practice 12-17|Page