NancyG3 (North Carolina)
Posts: 342
Posts: 342
Posted:
This may be of interest to the homeowners of NC. HB278 - HOA's/Voluntary Prelitigation Mediation. This will go into effect July 1, 2013. It can be found at http://www.ncleg.net/just enter H278.
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New bill in North Carolina
Started by NancyG3 • 4 replies • 1313 views
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KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
It's a simple law to encourage mediation instead of a lawsuit being the first step. The law does NOT apply to legal actions taken over nonpayment of HOA dues. For that, there is no mediation option.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
As Kelly said:
Voluntary Prelitigation Mediation. – Prior to filing a civil action, the parties to a dispute arising under Chapter 47C of the General Statutes (North Carolina Condominium Act), Chapter 47F of the General Statutes (North Carolina Planned Community Act), or an association's declaration, bylaws, or rules and regulations are encouraged to initiate mediation pursuant to this section. However, disputes related solely to a member's failure to timely pay an association assessment or any fines or fees associated with the levying or collection of an association assessment are not covered under this section.
Hope this helps.
Voluntary Prelitigation Mediation. – Prior to filing a civil action, the parties to a dispute arising under Chapter 47C of the General Statutes (North Carolina Condominium Act), Chapter 47F of the General Statutes (North Carolina Planned Community Act), or an association's declaration, bylaws, or rules and regulations are encouraged to initiate mediation pursuant to this section. However, disputes related solely to a member's failure to timely pay an association assessment or any fines or fees associated with the levying or collection of an association assessment are not covered under this section.
Hope this helps.
MatthewW4 (Arizona)
Posts: 500
Posts: 500
Posted:
Mediation is one of those feel-good solutions that seldom works.
The first problem is that both parties have to agree. If they could agree on things there would be no dispute in the first place.
The other problem is that if the dispute involves witnesses, then the parties must pay for their appearance at the mediation hearing. If both parties are not satisfied with mediation then those same witnesses must once again appear in trial court.
I see mediation not as an alternative to litigation but as another obstacle to overcome in getting into court. Thankfully, they did not make this mandatory.
The first problem is that both parties have to agree. If they could agree on things there would be no dispute in the first place.
The other problem is that if the dispute involves witnesses, then the parties must pay for their appearance at the mediation hearing. If both parties are not satisfied with mediation then those same witnesses must once again appear in trial court.
I see mediation not as an alternative to litigation but as another obstacle to overcome in getting into court. Thankfully, they did not make this mandatory.
SharonH9 (Virginia)
Posts: 216
Posts: 216
Posted:
Quote:
Posted By MatthewW4 on 06/25/2013 6:28 PM
Mediation is one of those feel-good solutions that seldom works.
The first problem is that both parties have to agree. If they could agree on things there would be no dispute in the first place.
The other problem is that if the dispute involves witnesses, then the parties must pay for their appearance at the mediation hearing. If both parties are not satisfied with mediation then those same witnesses must once again appear in trial court.
I see mediation not as an alternative to litigation but as another obstacle to overcome in getting into court. Thankfully, they did not make this mandatory.
Mediation is one of those feel-good solutions that seldom works.
The first problem is that both parties have to agree. If they could agree on things there would be no dispute in the first place.
The other problem is that if the dispute involves witnesses, then the parties must pay for their appearance at the mediation hearing. If both parties are not satisfied with mediation then those same witnesses must once again appear in trial court.
I see mediation not as an alternative to litigation but as another obstacle to overcome in getting into court. Thankfully, they did not make this mandatory.
Do you have some statistics to back up your statements? How many disputing parties that choose mediation are resolved in mediation and how many actually go on to court.
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