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Posted: Mon 7:48, 16 Sep 2013 Post subject: www.vivid-host.com/barbour.htm Why Mediation Is Th |
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If you live in a TIC (tenants-in-common), condominium or other Homeowner's Association (HOA)-controlled property, you likely already understand that there are several disputes that might arise that require [url=http://www.vivid-host.com/barbour.htm]www.vivid-host.com/barbour.htm[/url] outside, professional assistance to resolve. While the most common disputes that arise between owners and HOAs are situations such as noise complaints, sub-letting, [url=http://www.1855sacramento.com/peuterey.php]peuterey outlet[/url] parking and usage of common areas, other more significant problems can arise that cause [url=http://www.maximoupgrade.com/hot.php]hollister[/url] potentially litigious conflict and a general state of unease with one's living arrangements and [url=http://www.rtnagel.com/louboutin.php]louboutin pas cher[/url] property.
Like many disputes, condominium and HOA disputes should be handled immediately, before a further breakdown in communication occurs. When communication between owner-tenants and HOAs fails, or when owner-tenants are having significant conflict with neighbors residing in the same property, these disputes can grow to become lengthy court battles that end up costing both sides more money than either wanted to spend to resolve the issue. While many HOA agreements require mediation before a lawsuit can be filed, there are several reasons to try mediation first before [url=http://www.rtnagel.com/airjordan.php]nike air jordan pas cher[/url] you launch into the costly and time-consuming world of litigation to resolve [url=http://www.1855sacramento.com/woolrich.php]woolrich bologna[/url] your dispute. Here are just a few:
1. In mediation, [url=http://www.jordanpascherofficiel.com]air jordan[/url] you are in control of the outcome. This means that if you are not satisfied with the end result of the mediation process, you don't have to settle--you always have the option to continue the claim in court or continue with mediation until you feel satisfied that a reasonable resolution has been reached. However, once you take a claim to a judge [url=http://www.maximoupgrade.com/hot.php]hollister france[/url] or arbitrator, the control is out of your hands. He or she will issue a judgment regarding how the dispute will be resolved.
2. There [url=http://www.lcdmo.com/jordanpascher.php]jordan pas cher[/url] is no risk involved. Not only is mediation confidential, it is also non-binding unless all parties agree to the settlement. The parties are able to reach their own agreement: Self Determination. In the case of an impasse, an agreement is not [url=http://www.1855sacramento.com/woolrich.php]woolrich parka[/url] reached and the parties are still free to pursue other avenues, such as litigation.However, most HOAs want to keep the dispute private and out of the public eye. Litigation makes the dispute public. Therefore, HOAs are generally amenable to working on a settlement through mediation that is satisfactory to everyone involved.
3. You can have an attorney with you. If you feel more comfortable having your own attorney present during the process of mediation, you're welcome to do so. Your attorney will be there to answer any questions you might have and can help steer you toward making the best legal and personal decision; however, an attorney's presence is not mandatory.
4. Mediation costs less and is more efficient. Mediation will cost a fraction of what it will cost to litigate your claim in courts. Additionally, most mediation proceedings last for a few hours to a day or two, compared to [url=http://www.achbanker.com/home.php]www.achbanker.com/home.php[/url] the months and years that court cases can take before they are resolved.
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