Although litigation is sometimes necessary, it is the worst possible outcome for an HOA. You never want to end up in court unless it is a last resort because it will be expensive and bitter. Mediation is one way for an HOA to potentially resolve issues with homeowners without having to go to litigation.
A mediator is a neutral third party whose training allows them to facilitate discussions between parties who have a dispute. They are used in many types of cases, including contract disputes and family law cases. The mediator’s job is to find common points of agreement between the parties while bridging areas of disagreement. It is often a slow process, but it can lead to results.
Emotions are high in an HOA dispute. Homeowners take their own property rights seriously, and they can get locked into their own position. At the same time, the HOA must insist on compliance with its rules and regulations. Seemingly, this is an insurmountable gap that would lead to a lawsuit. A mediator can help the parties dial back the tensions and begin to talk when communication may have previously broken down.
Resolving a dispute without litigation is a win-win for everyone since you stay out of court and save money on legal fees. Although you must invest in the mediation without any guarantee of success, it is a risk that is often worth taking, given the alternative. An experienced HOA attorney would review your situation and give their opinion about whether mediation could be right for your dispute.
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If your HOA is involved in a dispute, you should consult an attorney to help resolve it. Contact the attorneys at Pratt & Associates online or call us at 408.369.0800 to schedule an appointment.