| Consider Condo
Mediation
USING MEDIATION TO SOLVE CONDO CONFLICTS
Would you like to resolve your condo complaint fast, while
minimizing your costs?
This information can help answer your questions about mediation and
help you decide whether mediation is the answer to better solve your
complaint.
What is mediation?
Mediation is a process that brings parties together to resolve their
differences through discussion and problem-solving. The goal is to
achieve "win-win" solutions, acceptable to both.
The mediator is a "neutral" party who helps facilitate the dialogue,
but is not the final decision-maker, arbitrator, or judge.
Along the process, both parties present their sides, while the
mediator listens, makes good questions and then invites parties to
brainstorm on the possible solutions to the dispute.
Then, parties choose the best solution and mediator drafts an
agreement.
What are the advantages and disadvantages of mediation?
Advantages
|
|
Lets you - not a judge or jury -develop your own solutions; |
|
|
May offer you fast resolution of your dispute; |
|
|
May be less expensive than going to court; |
|
|
May mend your relationship with the other parties; and |
|
|
Still allows you to go to court if you cannot reach a
mutually-acceptable solution. |
Disadvantages
|
|
May not resolve your dispute; |
|
|
You or the other party may not be completely happy with the
solution; and |
|
|
If no agreement is achieved, you may have to go to court anyway,
or deal with your complaint in a different way. |
How do you know if mediation is right for you?
|
|
Weigh all of your options for settling the dispute. |
|
|
Compare the cost of mediation to a lawsuit. |
What are your other options?
If you don't reach an
agreement:
|
|
Mediation is not binding. As long as you don't sign the contract,
you still have the right to sue. If you are not satisfied,
inform the other party. |
|
|
Consult an attorney or lawyer, to determine whether to file an
EOB case in state or federal court or file a complaint with one
of the federal agencies (i.e., Ombudsman, DOJ, EEOC, etc.). |
If the other party is not willing to
participate:
|
|
As mediation is voluntary, either party can withdraw at any time. |
|
|
Explain the possible alternatives to the other party, so the
person can see what kind of alternative this is. |
Common condo disputes that can be mediated:
|
|
Lack of information provided by the Board to members. |
|
|
Mutual infringement of space by owners/neighbors |
|
|
Issues of miscommunication and/or harassment by the Board or any
owner |
|
|
Disputes of any kind where any of the parties feels strongly
wronged and thinks of suing. |
|
|
Denial of access to goods or services by the Board to an owner |
|
|
Board decisions rejected by owners |
CONDO MEDIATION
RESOURCES
To find a local mediator with a condo specialization call:
Creative Conflict Resolutions
(954) 568 3620
CLICK HERE
TO READ MORE:
|