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M A R C H , 2 0 1 8
MANAGEMENT
TRENDS
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-
ADR/Mediation
Tony Nardone,
Corner Property Management
© iStockphoto.com
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.
“ADR is the process of conflict
resolution which is simple
negotiation between two parties.”
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