Condo Media - November 2019 - 42

Help! My Home is a War Zone

No matter how large or small a community is, when there is disagreement,

M

the issue is ever-present and can overtake us the moment we arrive at our home.

ediation is a positive
process to communicate
grievances in order
to restoring peace
and harmony.
No matter how large or small
a community is, when there is
disagreement, the issue is ever-present
and can overtake us the moment we
arrive at our home. We feel compelled
to have to cross to the other side of the
courtyard, or peek into the corridor
to make sure the coast is clear before
entering or leaving our unit (or look
out the window to make sure the coast
is clear to get to our car in the parking
lot). The board members and property
managers are all too often caught in
the middle of these disputes. They
are pestered to take action. They are
criticized if action is not taken or if
action is taken on behalf of one side
or the other. These disputes cause
unnecessary stress for the parties and
our community.
The good news is that it does not
have to be this way. There are options
to positively resolve disputes in the
community and between neighbors.
One of the best ways is try mediation.
WHAT IS MEDIATION?
Mediation is a constructive and nonconfrontational process to reach a
solution to problems and resolve disputes.

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CONDOMEDIA November 2019

Mediation is voluntary (no one can
be forced into a solution). Mediation
is flexible (the mediation can be
done nights, weekends or at the
convenience of the parties and the
mediator). Mediation is confidential
(no one needs to know-the mediator
is legally obligated to keep the
mediation confidential). Mediation
can be a do-it-yourself process (no
lawyer needed). Mediation is neutral
(it is an even playing field-no one has
an advantage). When we mediate, we
meet to let the parties air their issues
and reach a solution.
HOW DOES IT WORK?
In a mediation, the mediator (a neutral
third party) meets with the parties to
work with them in a mutually respectful
and cooperative setting. Sitting at a
table with the mediator, all parties are
permitted to present their position and
air the grievances. It is a flexible but
structured environment to create an
even playing field and an atmosphere of
mutual respect. The mediator is present
to make sure that all parties have an
opportunity to be heard and facilitates a
discussion between the parties.
Mediation is a party-driven process
but no training of the parties is
needed. The mediator will explain and
administer the process. The mediator
will help to create a flexible structure

and explain the mediation process step
by step so everyone understands what
will occur. The mediator does not take
sides. The mediator, as a neutral party,
is there to insure that each side has an
opportunity to share their viewpoint on
each issue.
WHAT HAPPENS AT
THE MEDIATION?
At the beginning, after the mediator
sets the ground rules, the mediator will
permit each party to explain or state
its position. Then the mediator tries to
see if there is any common ground that
the parties can agree on. The mediator
meets separately with each party to
discuss in more detail any additional
concerns each party may have. These
separate meetings are completely
confidential. The mediator will only
share information from the confidential
meeting if the party permits the
information to be shared with the
other party. In these separate sessions
with the mediator, the mediator tries
to help each party recognize areas of
common ground or agreement between
the parties or helps them to explore its
ideas on possible solutions.
WHAT ARE THE BENEFITS?
The mediation process is confidential
and therefore all parties and the
mediator cannot use any of the content
Condo Media - November 2019

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