“If it sounds too good to be true, it usually is.” When confronted with anything that “sounds too good to be true”, don’t take it at face value, instead do a little digging to get the details. One of these golden gems in the land of residential associations is Alternate Dispute Resolution, or ADR. Proponents would have us believe arbitration and mediation are cheaper, quicker and better than going to court. It sounds too good to be true so I did a little digging, and several years ago wrote a paper on my findings which is on my web site. You can read it here. But there is so much more.
As time goes on and more and more people fall in the trap of giving up their right to go to court, some pretty unsavory details have come to light. Mediation is used pretty extensively in neighborhood association wars which usually include a confidentiality clause, in other words, a gag order. I have always opposed this.
Robin Lent joins us On The Commons. Robin, a Texas homeowner got tangled up in a battle with her association 10 years ago, went to a court ordered mediation and after an exhausting session, when she was ready to drop, signed an agreement that included a confidentiality clause. The terms of the settlement are sealed so we will NOT be discussing them BUT for the details of the mediation process, and the fall out of the gag order, you will have to tune in. It was a huge eye opener for me and I learned so much from this show. So, you think you want to go to arbitration? Please tune in.
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