It doesn’t really work like that – CTTT adjudicators can move in mysterious ways. While something may seem cut and dried to you, they may have a completely different perspective. A lot can depend on what you put in your application – when we went to adjudication a while ago I was painstaking in putting everything that we thought was relevant and backing it up, because you only have one shot at it and you can’t assume they have the same understanding of the issue as you (because they don’t). And there is also the wild card aspect – there have been some pretty nutty decisions of adjudicators subsequently overturned.
You need to bear in mind is that your view is your view – the fact that others may have different views doesn’t mean that your view is wrong, but it does mean that there is a difference of opinion. Until that difference of opinion is resolved, you can’t say either party is right or wrong.
Re Mediation – you don’t get a ruling at mediation, the aim of mediation is to bring the parties together with the aim of reaching a resolution. The mediator is there to facilitate that and they can’t take sides or make any rulings or conclusions of any kind. So things like the legality or otherwise of the by-law may be secondary.
Note that when you go to mediation the parties will be you and the Owners Corporation, it won’t be you and the individual owners. So the Owners Corporation will have to resolve to go to the mediation and authorise someone to act on their behalf, and also to reach an agreement with you, if they think that is appropriate. Of course they may refuse to attend which they are within their rights to do.
In your case, I suggest (as suggested by others) the easiest path is to go through the mediation step rather than then having to explain why you haven’t done that at the adjudication stage. If (as is likely) you don’t reach a resolution, then you can just quickly move on to adjudication.