HOAleader.com - Tip of the Week - August 8, 2008
Published: Fri, 08/08/08
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Selecting a Mediator to Resolve Conflict in Your HOA
I'm a big believer that mediation allows parties in conflict to
effectively--and relatively inexpensively--resolve problems.
Let's say that a conflict is brewing in your homeowner
association. I know it never happens--not in your HOA--but let's
just pretend. A homeowner is unhappy with the HOA, and if things
keep progressing, this might just get ugly enough to lead to a
lawsuit. To avoid that, you think that maybe you should try
mediating the dispute. So where do you start?
The first step is to find a resource that can provide you with
references to mediators in your area. A good place to start is
Mediate.com (http://www.mediate.com). There are also lots of
community mediation groups around the country. You can find one
near you at the website of the National Association for Community
Mediation (http://nafcm.org). Click on "locate a center".
The next step is to make sure the mediator is right for you. Here
is a checklist of questions to ask each potential mediator to
help you make that decision.
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Background
* Where and when did you receive your training as a mediator?
* Did that training involve supervised practice?
* How many cases have you mediated? How many of those mediations
related to HOAs or to situations similar to mine?
* Do you have professional training or experience in another
field, in addition to mediation?
Values
* Do you subscribe to a professional code of ethics? Do you
have a copy of that code?
* Do you belong to a professional mediation organization?
* Can you provide me with references from people who have used
your services?
Style of Mediation
* What style of mediation do you prefer? (Unless you're familiar
with the details of directive, facilitative, or transformative
mediation, you'll also want to ask them to describe what this
means. Can the mediator describe his or her preferred style in
a way that makes sense to you?)
* Are your mediation sessions confidential?
* Is there a signed agreement?
* How long and how frequent are mediation sessions?
Costs
* What are your fees?
* Who pays?
* Do you offer a sliding scale?
* What is included in your fees?
* Are there any additional costs?
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This checklist was adapted with permission from materials
provided by the Peninsula Conflict Resolution Center
(http://www.pcrcweb.org).
Best regards,
Matt Humphrey
President
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