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What does a mediator do during a HOA dispute?

On Behalf of | Aug 14, 2024 | Condo, Townhome & HOA Disputes |

Whether you’re a homeowner feeling unheard or a board member striving to maintain harmony, the tension in a Homeowners Association (HOA) dispute can take a toll on everyone involved. This is where a certified mediator steps in.

Mediators help people involved in civil disputes find a solution without going to court. They guide disagreeing parties through different options to find a solution that works for everyone without going to trial. Here are some critical aspects of their role:

They encourage self-determination

A mediator’s main goal is to help everyone make informed and voluntary choices without anyone forcing or influencing them. They will also watch out for situations where someone might be unable to make free choices, such as severe financial stress or intense neighbor conflicts. In such cases, mediators will stop the mediation and first make sure that everyone can participate fully and freely.

They maintain impartiality

Mediators must remain neutral and avoid bias in their words, actions, and appearance during mediation. They must disclose any potential conflicts of interest as soon as they become aware. If a conflict affects their neutrality, the mediator must withdraw, even if the parties want to continue.

Moreover, mediators cannot give or accept gifts, favors, loans, or anything of value during mediation. They also cannot ask for future professional services.

They promote fairness and confidentiality

Mediators work hard to keep all information shared during mediation private unless the law requires them to share it or everyone involved agrees. They must also carefully handle and dispose of records after the mediation process. They avoid sharing identifying information when using the data for research, training, or statistics materials.

Do you prefer collaboration over litigation?

Ending a HOA dispute with a peaceful and fair resolution is possible. Mediation offers a safe, neutral space where all parties can express their concerns and work towards an arrangement everyone can agree on.

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