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Homeowners’ Association (HOA) disputes are unpleasant but often unavoidable. Although none of us want to get in trouble with our neighbors, disputes between homeowners or an association are very common. The last thing we want to face, though, is a stressful, time-consuming, and costly court battle.
Most HOA Covenants, Conditions, and Restrictions (CC&Rs) outline a process to resolve homeowners disputes without going to court. If the CC&Rs do not include such provisions, California’s Davis-Stirling Act governs. This Act describes various California Civil Code sections which address dispute resolution and enforcement. Mediation is also a way to settle HOA disputes.
Call Kanter Ostler Mediation today at (619) 304-2244 to schedule your mediation with our skilled HOA mediatiors.
What is mediation?
Mediation is a dispute resolution process whereby a neutral third party tries to facilitate a settlement between the parties. The parties involved usually agree amongst themselves on who will be the mediator. These mediators should be experienced attorneys or former judges.
Mediation is informal and can succeed through the collaborative effort of all parties. The mediator devotes time to understanding and addressing both sides’ concerns. The mediator has no authority to make decisions. Rather, disputes are resolved only if both parties reach a settlement. Such a settlement is committed to paper during the mediation process to prevent parties from changing their mind later.
How can we benefit from mediation?
Mediation is quicker and less expensive than going to court. It increases goodwill and collaboration and decreases hostilities between parties. The mediation process creates a confidential environment for discussions and a pro-active atmosphere for reaching a settlement.
Is mediation confidential?
All parties must sign a sign a Confidentiality Agreement. This ensures that what happens in mediation stays in mediation. All forms of communication, documents, agreements, analyses, and consultations are held in strict confidence by the parties and the mediator.
Does mediation actually work?
There is an 80% to 90% resolution rate when both parties agree to mediation.
The mediation process is conceived to deal with all types of disputes. It allows involved parties to examine all the issues, as well as possible causes for conflict that may arise in the future. Mediation lets parties look at a wider range of results often unavailable through litigation.
Contact Kanter Ostler Mediation & Dispute Resolution
Mediation is generally the least costly alternative dispute resolution. We at Kanter Ostler will explore all of the options possible to resolve your conflict outside of court. Our mediation method promotes better communication between you and the HOA so future issues can be more amicably addressed.
Our experienced mediation specialists will create a confidential forum to express your concerns and explore viable solutions that are beneficial for both parties.
Call Kanter Ostler Mediation today at (619) 304-2244 to discuss the scheduling of your mediation.