#25814
Jimmy-T
Keymaster

    What do you mean by “use”.  Emails to the EC in its role as representatives of the Owner Corp are effectively emails to all owners so you can certainly raise them at a hearing . 

    However, mediation is an attempt to get agreement between two parties in dispute so “evidence” is only there as background information, pointing to a pattern of behaviour, for instance, to explain your position.  As there is no externally imposed decision or ruling at the end of mediation, the question of proving something through evidence is irrelevant.

    However, an adjudication hearing is like a court of law where evidence of behaviour may well influence a Member’s decision.  By the way, anything said at a mediation can’t be used as evidence in an adjudication. 

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.