Where a unit owner has a dispute with the condominium’s board of directors, the matter may be taken to mediation. How should the unit owner prepare for the hearing?
A letter or notice to appear at a mediation hearing should not come as a surprise. The unit owner will likely have received previous written notices about the conflict (whatever its nature) and possibly a lawyer’s letter.
Before the hearing, the mediator will ask the unit owner for a written statement about the issue(s) under dispute. If the unit owner is working with a lawyer, then the lawyer will ordinarily prepare this. If not, the unit owner will have to prepare the statement. The statement should be simple and written from the unit owner’s point of view, with the goal of helping the mediator understand their perspective. It should also include any documentation that supports the unit owner’s position. Once complete, the statement should be sent to the condominium board as well as its lawyer.
The unit owner has the option of bringing a lawyer to the mediation hearing. If he/she decides against doing so, then a condominium lawyer should be consulted beforehand about the unit owner’s rights and obligations. In the absence of a lawyer, the unit holder should also consider bringing a friend or family member to the mediation hearing for moral support.
It’s important that the unit owner go into the mediation hearing with an open mind, prepared to listen to the other side’s point of view. Mediation is a chance for each side to put forward its perspective on the conflict and how it has been affected by the conflict. The best way to do this is for the unit owner to think about what he/she wants to accomplish in the mediation. The unit owner should also consider the consequences if the conflict is not settled. While a lawyer should be able to help the unit owner think through the legal consequences of not settling, a prolonged conflict is likely to have personal and emotional consequences.
Jeanette Bicknell is a mediator with the Sadowski Resolutions Group. She can be reached at jbicknell@srgllp.com.
