HOA/CCIOA Mediation - Why is mediation beneficial?

Mediation can solve most disputes that exist between neighbors, disputes arising from covenant violations, association assessment and fee disputes, board member and homeowner conflicts, selective enforcement and application of governing documentation, and Architecture Review or Design Review Committee disputes. With resolving such disputes at mediation, the neighborhood harmony is hopefully restored because disagreements are settled between the actual parties. Mediation fosters the importance of preserving and repairing those relationships within the community. Mediation is a direct way for the parties themselves to express their opinions and present their issues without the formal and stressful litigation or arbitration process.

Accordingly, the Colorado Common Interest Ownership Act (CCIOA) 38-33.3-124 states in part that the costs, complexity, and delay inherent to court proceedings make litigation a particularly inefficient means of resolving neighborhood disputes. Therefore, common interest communities are encouraged to adopt protocols that make use of mediation or arbitration as alternatives to, or preconditions upon, the filing of a complaint between homeowners and an association in situations that do not involve an imminent threat to the peace, health, or safety of the community. Any controversy may be submitted to mediation by way of an agreement of the parties prior to the commencement of any legal proceeding.

Mediation is informal and can be done at any time. A court will sometimes recommend mediation or mandate mediation by order. Therefore, setting mediation ahead of any court proceeding could be beneficial because it may resolve the dispute which in turn will save time and cost. Mediation is also a confidential process with the assistance of an experience mediator. Dall Mediation has such knowledge and experience to effectively assist homeowners and associations in resolving such disputes.