If you are engaged in a homeowners association (HOA) dispute, then you should know that many cases have to go through mediation or arbitration before going to trial. This helps prevent too many cases from going to court when they could be resolved through alternative means.
Some disputes will need to go through arbitration before heading to trial. For example, if you want to install a fence that is not allowed under the HOA’s terms, then you might petition the HOA to allow it. If that doesn’t work and you want to sue, you may need to go to arbitration first, allowing a third-party arbitrator to hear the case and make a decision for or against your wishes.
In other cases, you may be asked to mediate before heading to trial. In mediation, you and the other party may discuss the situation with a third-party mediator present. The goal here isn’t to choose a winner or a loser, but instead, to help both people resolve their differences and come up with a reasonable, and agreeable, solution.
What should you do if you’re struggling with an HOA dispute or are asked to go to mediation or arbitration?
If you find yourself in a situation where you need to go to mediation or arbitration, it’s a good idea to talk to your attorney. You may be able to have representation with you so that you can have a better chance of presenting your case and having the arbitrator or other side listen more carefully to what you want and why. Having a convincing argument is important for your case.