Arbitration/Mediation
Arbitration and Mediation: We Focus on Resolving the Problem
Taking anyone to court for any reason is difficult at best, grueling at worst. When it comes to your neighbors and members of your homeowner association, a courtroom trial should be your last resort. But finding a win-win situation for all the parties involved can be very complicated. Conflicting agendas and stubborn posturing can make even the most reasonable board member feel trapped between competing interests. The attorneys at HindmanSanchez have been trained to resolve neighbor disputes through Alternative Dispute Resolution (ADR), including formal instruction on mediation and arbitration. We know how to resolve disputes within your homeowners association without going to court–and with the integrity of the board still intact.
“But I Don’t Want to Be the Fall Guy . . .”
Too often, when neighbor disputes erupt, the board is cast in the unfortunate role of the “fall guy.” No matter what you do, what you say, or how you attempt to reach a resolution, someone is going to be unhappy. To make matters worse, neighbor disputes have a way of snowballing. People who should not be involved take sides, and before you know it, the issue is larger than the original matter in dispute. It becomes political with the board stuck in the middle.
That’s when it’s time to call HindmanSanchez. As a third party, we can provide the objectivity and detachment required to diffuse the problem. Going to court may ultimately be unavoidable, but we are often effective at using mediation, arbitration and other ADR methods to defuse emotional situations and bring results.
Sizing Up the Alternatives
ADR methods offer something you simply don’t get in court: greater control over the process and its outcome. From the ground rules and the agenda, to the selection of the mediator or arbitrator, and the time and place of the negotiation, ADR offers greater flexibility to the parties involved and eliminates the winner/loser mentality. ADR can also be faster and less expensive than litigation. Our lawyers are well versed in both mediation and arbitration, and they will work with you to select which one will best meet your needs.
Getting Agreement Through Mediation
Mediation means participation. Both sides must agree that they want to mediate so they both have an emotional stake in the process and are, as a result, more likely to honor the agreed-upon solutions. Mediation offers these advantages:
Making it Stick Through Arbitration
Arbitration is a more formal process in which the disputing parties agree upon one or more arbitrators who will hear the claim and reach a decision, which is usually binding. But although arbitration is formal, it still doesn’t involve the complicated rules of evidence and procedure found in a courtroom. Instead, arbitration has these plusses:
Taking the Right Step
If your board is faced with disputing neighbors, invite one of our attorneys to explain ADR to the parties involved. We can detail the options and procedures, field questions, dispel myths and ensure that the process gets off to a good start.
Neighbor disputes are one of the most challenging aspects of serving on your association’s board of directors. Sometimes, there just aren’t any easy answers. When you know that the board is beyond its scope of expertise, bringing in an experienced third party can make a potentially volatile situation much more manageable.
HindmanSanchez has helped resolve countless community disputes. Our “Strength in Association®” gets the job done – and gets you off the hook.
Taking anyone to court for any reason is difficult at best, grueling at worst. When it comes to your neighbors and members of your homeowner association, a courtroom trial should be your last resort. But finding a win-win situation for all the parties involved can be very complicated. Conflicting agendas and stubborn posturing can make even the most reasonable board member feel trapped between competing interests. The attorneys at HindmanSanchez have been trained to resolve neighbor disputes through Alternative Dispute Resolution (ADR), including formal instruction on mediation and arbitration. We know how to resolve disputes within your homeowners association without going to court–and with the integrity of the board still intact.
“But I Don’t Want to Be the Fall Guy . . .”
Too often, when neighbor disputes erupt, the board is cast in the unfortunate role of the “fall guy.” No matter what you do, what you say, or how you attempt to reach a resolution, someone is going to be unhappy. To make matters worse, neighbor disputes have a way of snowballing. People who should not be involved take sides, and before you know it, the issue is larger than the original matter in dispute. It becomes political with the board stuck in the middle.
That’s when it’s time to call HindmanSanchez. As a third party, we can provide the objectivity and detachment required to diffuse the problem. Going to court may ultimately be unavoidable, but we are often effective at using mediation, arbitration and other ADR methods to defuse emotional situations and bring results.
Sizing Up the Alternatives
ADR methods offer something you simply don’t get in court: greater control over the process and its outcome. From the ground rules and the agenda, to the selection of the mediator or arbitrator, and the time and place of the negotiation, ADR offers greater flexibility to the parties involved and eliminates the winner/loser mentality. ADR can also be faster and less expensive than litigation. Our lawyers are well versed in both mediation and arbitration, and they will work with you to select which one will best meet your needs.
Getting Agreement Through Mediation
Mediation means participation. Both sides must agree that they want to mediate so they both have an emotional stake in the process and are, as a result, more likely to honor the agreed-upon solutions. Mediation offers these advantages:
- The parties retain control over the outcome of the dispute.
- Discussions are informal, which usually allows for faster and cheaper resolutions.
- A neutral third party facilitates a discussion and settlement between the two disputing parties.
- The mediator does not have the power to insist upon a solution or agreement between the disputing parties – nobody is forced into an agreement they don’t want.
- The mediator can establish the ground rules and help guide things toward a settlement.
Making it Stick Through Arbitration
Arbitration is a more formal process in which the disputing parties agree upon one or more arbitrators who will hear the claim and reach a decision, which is usually binding. But although arbitration is formal, it still doesn’t involve the complicated rules of evidence and procedure found in a courtroom. Instead, arbitration has these plusses:
- Parties have flexibility in timing and the choice of arbitrators.
- Binding arbitration is typically enforceable in court and usually cannot be appealed.
- In non-binding arbitration, the process is virtually the same as binding arbitration, but the decision rendered is advisory, not compulsory – both sides still have room to find agreement.
Taking the Right Step
If your board is faced with disputing neighbors, invite one of our attorneys to explain ADR to the parties involved. We can detail the options and procedures, field questions, dispel myths and ensure that the process gets off to a good start.
Neighbor disputes are one of the most challenging aspects of serving on your association’s board of directors. Sometimes, there just aren’t any easy answers. When you know that the board is beyond its scope of expertise, bringing in an experienced third party can make a potentially volatile situation much more manageable.
HindmanSanchez has helped resolve countless community disputes. Our “Strength in Association®” gets the job done – and gets you off the hook.
