Mediation
A voluntary dispute resolution process where a neutral third-party mediator helps the parties reach a mutually acceptable agreement. Mediation is generally less formal, less expensive, and faster than litigation. Many states encourage or require mediation before an HOA dispute can proceed to court. The mediator does not make a binding decision; instead, the parties negotiate their own resolution.
Example in Context
Rather than filing a lawsuit over the fence dispute, the homeowner and the association agreed to mediation and reached a compromise within two hours.
State-Specific Notes
Related Terms
Frequently Asked Questions
Is mediation required before suing an HOA in California?
California strongly encourages but does not always mandate mediation before filing suit. However, Civil Code Section 5930 requires that either party in an HOA dispute must first request and participate in alternative dispute resolution (ADR) before filing certain types of enforcement actions. A party who refuses ADR may lose the right to recover attorney fees even if they prevail in court.