Understanding and Successfully Utilizing the Mediation Process for Resolving Disputes

Most states impose requirements and/or encourage members of homeowners’ associations who are involved in a dispute pertaining to alleged violations of covenants in governing documents to engage in efforts to resolve their dispute through an informal dispute resolution process before becoming embroiled in costly court proceedings. One such informal process of dispute resolution is “mediation.” Mediation is a process whereby an independent neutral party works with the parties to the dispute to encourage and facilitate a resolution. The process does not involve a formal adversarial hearing and if a resolution of the dispute is reached in mediation, it is based on a voluntary agreement of the parties, and not decision by the mediator.