March 2018

MANAGEMENT TRENDS

ADR/Mediation Tony Nardone, Corner Property Management

W hat is ADR (Alternate Dispute Resolution)/ mediation? It’s the means of trying to resolve a dispute without a lawsuit. You’d be surprised how many residents have no idea that they have ADR available to them to resolve conflicts between one another in community living. I often hear, “If someone does not do something immediately I’m going to sue everyone and you’ll hear from my attorney.” When I hear this statement or some version thereabouts, it tells me the resident is not aware of the ADR process which is available to them. Our goal is to inform residents what vehicle they have available to resolve a dispute without “suing” everyone. At first, some residents may be apprehensive to engage in ADR because they have no understanding of the process. The managing agent should take the time to explain what to expect through the mediation process so residents can manage their expectations. ADR is the process of conflict resolution which is simple negotiation between two parties. Parties will request ADR in an effort to resolve their dispute by finding common ground based on facts. Mediation is more cost effective, has a higher success rate and is agreeing to some type of agreement. It’s in everyone’s best interest to resolve any conflicts between parties as soon as possible, through clear communication. The longer an issue hangs around and remains unresolved the further apart the parties get to finding a solution. New Jersey’s Condominium Act requires that boards offer mediation as an alternative before the feuding residents or resident and board head to court. I’ve seen cases where residents go directly to court and the courts send it back to the community to try mediation first. Under current New Jersey law, the association has an obligation to provide ADR. Here are the most common forms of disputes often heard from residents, in no particular order, noise, smoking, prop-

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“ADR is the process of conflict resolution which is simple negotiation between two parties.”

erty damage, fines, pets and board vs. resident, usually over abuse of authority. Mediation happens as soon as its requested by the party. The managing agent alerts the ADR Committee or orga- nizations like CAI-NJ whom provide mediation services where they try to match up an individuals’ expertise with a relevant case. Mediators are individuals who are skill- fully trained in mediation skills through specific educational programs. Notices are sent out to all parties notifying them of the date. The mediator collects all relevant information from both parties prior to the meeting so they can review. On the day of mediation, the mediator typically separates the parties and listens to each side of the story. The mediator tries to negotiate common ground between the parties to resolve the issue based on the facts. In the event one party is not happy with the outcome of mediation or if the issue remains unresolved, then the case can move to a lawsuit if one or more of the parties choose. Unlike mediation which finds common ground, in a law- suit someone has to win and someone has to lose.

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