June 2024

great option if both parties are willing to cede authority to the arbitrator and prioritize a quick decision. It is the least popular form of ADR, but pro vided both parties cooperate with the arbitrator, it is the most efficient way to end a dispute. • Non-Binding Arbitration In non-binding arbitration, the arbi trator’s decision has no legal effect unless, after reviewing the decision, the parties agree to accept the out come. However, the arbitrator’s opin ion may have a significant social and political impact. An adverse decision, combined with the time and expense of ADR, will often drain a party’s will ingness to spend more money on the issue and effectively end the dispute. Trustees, in particular, may find it dif ficult to justify further expenditure of association funds on a dispute in the face of a persuasive decision against the association, and they may face backlash from their neighbors if they don’t accept the arbitrator’s decision. Be careful to confirm your expecta tions with the mediator or arbitrator in advance - mediators may unexpected ly convert a mediation into a non-bind ing arbitration by issuing written find ings or settlement recommendations at the end of an unsuccessful mediation. While this can resolve the dispute, it can also be abused if an adverse opinion is circulated to the member ship. Associations should be clear, in advance, about whether or not the mediator is going to issue findings or an opinion. In addition to the different forms of ADR, there are numerous venues available:

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