Neighbor to Neighbor A Guide to Alternative Dispute Resolution

 When someone moves into a community, they often look for the friendliness and  camaraderie that living in an association brings. But with many personalities  often butting heads on everyday living situations, it can often get tense and  things can go awry. Neighbors argue with each other, associations complain  about residents and residents complain about associations. Minor issues can  often be settled quickly and cordially without involving anyone beyond the  disagreeing parties. But that's not always the case. And when it isn't, things  get tricky.  

 Alternative Options

 Many disputes can arise between residents—anything from noise and assessments, to common area usage or differing  interpretations of bylaws, says Matt Lacy, a liaison for the American  Arbitration Association (AAA). Problems between residents have a greater chance  of being resolved quickly, since property managers can act as a third party. A  good property manager can often use his or her authority within the building to  resolve an issue without the need of outside help.  

 Required in New Jersey

 Disputes between residents and boards can be more complicated. Emotions can run  high if residents feel wronged by a board's use of their authority, and if a  resolution can't be reached, the use of a property manager as a third party can  also prove to be problematic, since managers by necessity work closely with  boards, and may give residents the impression of partiality to board concerns.  Due to such conflicts of interest, the opposing parties are often better off  seeking outside help in such a situation.  

 Alternative dispute resolution (ADR for short) has been gaining popularity in  recent years as an effective problem-solving method—partly because of its results, and partly because of the logjam of court cases  already wending their way through the system. ADR can be a powerful tool to cut  through red tape and legal entanglements to get real results. So much so that  New Jersey’s Condominium Act requires that boards offer mediation as an alternative before  the feuding residents or resident and board head to court.  

 To that end, the New Jersey chapter of the Community Associations Institute  (CAI-NJ) even offers its own ADR program as an alternative to the traditional  justice system. CAI-NJ mediators are individuals who have been trained in  mediation skills through an educational program specifically developed by  CAI-NJ. A mediator will be selected from a list of qualified mediators upon  receipt of an ADR Request Form. You can get a request form or if you have  questions about the ADR program, contact Angela Kavanaugh of CAI-NJ at  609-588-0030 or email adr@cainj.org.  

Read More...

Related Articles

Alternative Dispute Resolution

What to Do When They Sue – Part II

Avoiding Litigation

The Power of Alternative Dispute Resolution

Q&A: What to Do About the Noise?

What to Do About the Noise?