A mediator for HOAs — is essentially a neutral third party approved by both sides—has no power to impose a solution in a dispute. Both sides retain the right to approve or disapprove of the suggested resolution. HOA Mediation can be done informally and on short notice, so it can be a cheaper, more efficient way to resolve a dispute.
When the mediation begins in an HOA dispute, the parties will meet with the mediator to hear an overview of the issue at hand, and the mediator will meet with each party privately to obtain detailed information on the nature of the dispute. The mediator will then determine how far apart the parties are and develop a solution for both parties. Mediation can be held anywhere that both parties agree on, including outdoors or at the location you both agree to meet.
When it comes to arbitration, an arbitator does have the power to independently decide the dispute and issues at hand. The arbitator is effectively the equivalent of a private judge who will hear all evidence and testimony, swear in witnesses, review exhibits before making the ultimate and final decision. That award will then be confirmed in San Diego Superior Court and turned in to a judgement that can only be appealed in certain circumstances.
For a free consultation and to begin the process, call us today!
Conduct of the HOA Mediator
1). The mediator shall, following consultation with the parties involved, fix the time of each mediation sessions. All sessions will be held at a location mutually beneficial for each party and the mediator, as to be determined by the HOA mediator.
2). The HOA mediator will attempt to help parties reach a satisfactory resolution in the dispute at hand, but has no authorite to impose a settlement on either party. The HOA mediator is authorized to conduct joint and separate meetings with the parties and to make recommendations to reach a settlement.
3). A party may be represented by an attorney or agent at the mediation session.
4). All parties agree to participate in the mediation proceedings in good faith.
5). Each party agrees to have a physical presence at the mediation as all persons are needed to make the decision and settle a dispute.
6). The mediation sessions will be held in private with only the persons involved. Their representatives may have their own mediator in the session with the consent of both parties.
7). The mediation sessions shall be terminated by the execution of a settlement agreement. By a declaration of 1 or more parties that the mediation has been terminated, or by a declaration of the mediator that further efforts at HOA Mediation will not be helpful
8). The individuals must agree that they will not serve subpoenas, summons, complaints, citations, writs or other legal processes upon entering HOA Mediation.
4. Confidentiality
a. The Mediator may, at times, meet privately with any and all parties in this dispute. The Mediator will not disclose any information received in caucus without the permission of the party making disclosure.
b. Each person involved in the Mediation, including the Mediator, the parties and their representatives, any independent experts and any other persons present during the Mediation, shall respect the confidentiality of the Mediation and may not, unless otherwise agreed in writing by the parties and the Mediator or required by law, use or disclose to any outside party any information concerning, or obtained in the course of, the Mediation. Each such person shall sign an appropriate confidentiality agreement prior to taking part in the Mediation.
c. No audio or video recording or transcription of any kind may be made during mediation process. The parties agree that the mediation sessions are settlement negotiations, and evidence concerning what transpired during mediation is inadmissible in any legal proceeding, except to the extent authorized by law. The parties agree not to subpoena or otherwise require the mediator to testify or produce records or notes in any legal proceeding.
5. Mediation Fees and Expenses
a. Expenses are borne equally by the parties, unless agreed otherwise.
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To Set up a Mediation Session or to receive more information, call us today!