ADR Mediation
It is a fair and efficient procedure for the resolution of housing-related disputes between individual owners and association and between unit owners. It includes negotiation and mediation with a third party. This service is offered to parties who live or work in community associations. Community associations are required by state law to offer homeowners a “fair and efficient” alternative to litigation.
ADR involves a mediation conference where the disputing parties meet with a mediator on a voluntary basis to talk about the problem and attempt to reach an agreement. The mediator assists the parties in arriving at a solution, but does not impose a decision. The mediator helps the parties look at all aspects of the issues and explore what may be acceptable to both parties as a resolution.
Mediation is a confidential process unlike court cases that are adjudicated in public session.
Berkshire Ridge – ADR Requirement
ADR 101: ALTERNATIVE DISPUTE RESOLUTIONS
Neighborhoods governed by a homeowners association (HOA) are subject to specific rules and regulations outlined in the by-laws. From time to time, homeowners may not agree or may find themselves in a dispute with neighbors or the association itself. Before taking the disagreement to court in New Jersey, an HOA must first offer an alternative dispute resolution (ADR).
What is an Alternative Dispute Resolution?
An alternative dispute resolution is the use of mediation or arbitration where a neutral third-party reviews both party’s cases and makes a final determination. In an HOA, an ADR committee is typically made up of homeowners from the community who are not members of the Board.
Reasons to Use an ADR
While litigation is often the first thought when there is a dispute among neighbors or between a homeowner and the association, ADR has been growing in popularity in recent years as a powerful way to solve disputes. It offers numerous benefits to all parties involved.
Resolve the Issue More Quickly
Taking a dispute to court can quickly become a long drawn out process depending on how busy the courts and lawyers involved are. Homeowners that use alternative dispute resolutions experience faster results. Faster results mean less stress, less worry, and more time spent on the important things in life.
Save Money
Undergoing an intense lawsuit costs a great deal of money in legal fees as well as time away from work. Using ADR results in a faster resolution which means fewer lawyer fees and the involved parties can return to work more quickly.
More Flexibility
Instead of letting the courts control how the proceeding unfolds, both parties get a say in ADR. They have control and flexibility of when the meeting occurs, what the restrictions are, and additional rules in the discovery process.
More Privacy
Court proceedings are public knowledge, so many homeowners prefer alternative dispute resolutions. ADR proceedings are confidential to the parties involved, the mediator/arbitrator, and any witnesses included.
Preserve Relationships
Alternative dispute resolutions are a great way to preserve relationships between neighbors and the HOA. In many cases, parties are still amiable after the process, making it less awkward to return home afterward.
If any unit owner would like to use ADR please call 201-798-1080 ext 9227
FYI: Ref: https://www.lawnj.com/news-resources/alternative-dispute-resolution/