Arbitration/Mediation

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Mediation, Mitigation or Meditation, Which Works Best For An HOA Dispute?

The 3 “M”s. Each has value in and of itself in finding solutions. I published an E-newsletter a few months ago (archived at californiacondoguru.com) on mitigation that was fun. The concept in my mind was triggered by an art teacher

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Mediation and Arbitration Study for HOAs and Condos (NC)

The General Assembly met yesterday (August 3) to consider several issues remaining from the legislative session. Bills that would impact North Carolina’s homeowner and condominium associations weren’t really on the agenda, but one proposal was adopted that has a provision

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Got Conflict? Get Mediation!

Understanding what mediation is, how it works, the benefits for all parties, and the types of disputes that can be resolved with mediation, demonstrates how mediation can be an effective alternative to litigation.     Read the article………….

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Maximize Mediation: A Guide to Saving Association Legal Fees

Community Managers wear many hats in their business relationship with the Associations they manage. They act as a liaison, a resource, and a consultant to help the Association Boards they serve to make decisions. Community Managers have the tough job

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Arbitration Provisions and Unconscionability

This case is a lesson in: Do what the judge tells you to do

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Arbitration Ruling Illustrates Associations Cannot Impose Certain Rules, Prerequisites for Granting of Records Requests by Unit Owner

cannot impose rules and prerequisites that are outside of the scope of the statute to deny such requests

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Valley (AZ) attorney pushes new way to settle HOA disputes

A lot of homeowners feel helpless, when they have a dispute with their home owners association, but it doesn’t have to be that way.  A Scottsdale attorney has created a new program designed to settle community conflicts in a more

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Recent Arbitration Decision Offers Stern Warning to Associations Making Certain Alterations Without a Membership Vote

An arbitration decision rendered earlier this year by the State of Florida Division of Condominiums involving a dispute over alterations approved by a condominium board without a prior meeting and vote of the unit owners did not surprise our firm’s

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A Rose by Any Other Name (Arbitration)

Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value on the

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SC: Court sides with Del Webb, Pulte over Sun City residents

Del Webb Communities and Pulte Homes have notched a victory in the S.C. Court of Appeals over Sun City property owners.  Read More……

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Conflict Resolution Insights: Why Conflicts Escalate

On two recent occasions, I have been involved in interactions that started with a minor miscommunication and quickly elevated to full-blown conflict. In both situations, the other person and I pretty quickly recognized what was happening, and we managed to

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Public Policy Encourages Mediation but Court Decision Says Developers Can Require It

Most community associations and their attorneys would probably agree that mediation can be a desirable alternative to litigation for resolving some disputes. But should associations be required to arbitrate disputes with condominium developers, even if neither the association’s board nor

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What is Mediation?

Mediation is a type of alternative dispute resolution with the goal of finding a solution and reaching an agreement that is acceptable to all parties involved. In some counties, mediation is mandatory and if a case becomes contested, the parties

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