ADR

We have requested an ADR to try and resolve an ongoing parking issue. We received a letter from the boards lawyer stating that they will be representing the board and contact them when we find a arbitrator. Isnt the whole point to keep the lawyers out of this and try to resolve without further cost to members? I am in CA and have looked over the Davis Sterling but do not see anything. Has anyone ever done this before?

I guess I thought it was an avenue to avoid lawyers getting involved and the cost to the association. If this is not so than ADR may be a waste of time and money. I thought it was an option for the board and a member to sit down and reach a compromise without all the legal involved. Thank you for your reply.

Bob,

FYI. . .

What is ADR?
"ADR" (alternative dispute resolution) encompasses various conflict management and dispute resolution processes, including mediation, arbitration and a combination of mediation and arbitration (often referred to as "med-arb").

Mediation is a nonbinding process in which parties to a dispute work with an impartial person ("neutral" or "mediator") who helps them to reach a settlement. The mediator does not decide the case but rather facilitates a consensual agreement among the parties to the dispute.

Arbitration is a process in which a dispute is referred to one or more impartial persons for a final, binding decision. The parties to this "quasi-litigation" procedure may contractually limit the issues subject to the arbitration as well as the procedural aspects of the process.

Mediation-Arbitration ("med-arb") is a combination process in which an impartial person is first employed as a mediator, then, if the mediation fails, as an arbitrator. Other combinations of binding and nonbinding processes are possible as well.

Make certain you know if the decision will be binding or not. And, also who is going to pay the costs. I've read that oftentimes the parties share the cost; however, if the case is artibrated the losing party may be required to pay all the costs. I've also heard that, although it's cheaper than going to court, it can be somewhat costly.