June 2024

Winning Alternative Dispute Resolution By David Merritt, Esq. McGovern Legal Services, LLC

“Associations must provide and participate in ADR – and pay for it via the common assessments...”

A lternative Dispute Resolution (ADR) can be an excellent resource for community association disputes. ADR offers options for resolving conflicts without resorting to the court system. The ideal scenario involves quick, cost-effective resolutions where both parties feel heard and validated. However, it’s essential to recog nize and navigate the potential challenges that can arise in providing ADR. Successfully navigating those challenges means resolving the dispute while also minimizing unnec essary expense to the association and membership. To get the best results, associations must start by selecting the form and venue for ADR that is best tailored to each dispute. ADR falls into three forms: • Mediation Mediation is the most popular form of ADR because it’s the most accessible form of ADR. Mediators do not “decide” the dispute – they principally act as a go-between

to minimize ego and emotions and help the parties reach an agreement. Mediation only resolves the dispute if the parties reach an agreement. While mediators may provide insight and recommendations, communications with the mediator are generally inadmissible and irrelevant to any subsequent litigation. All this means that mediation is the lowest pressure form of ADR, making it the default choice for most disputes. • Binding Arbitration Binding arbitration is the highest-pressure form of ADR. Each party presents their evidence and arguments to an arbitrator or panel of arbitrators. The arbitrator renders a decision. The arbitrator’s decision is final – and with very limited exceptions, our Courts will not overturn or even con sider a challenge to the decision. If the arbitrator awards relief to either party, the winning party can use the Courts to enforce and collect the award. Binding arbitration is a

uzenzen/iStock/Getty Images Plus

36

JUNE 2024