Mediation Always Optional, Arbitration Often Mandated
The Differences Between Mediation and Arbitration in Condominium Arena
The Palm Beach Post
May 24, 2012
Arbitration and mediation: both are forms of ADR. In the condominium arena, it is clear that one is mandatory and the other is optional. While Mediation is optional across the board, “Arbitration is mandated whenever there is a disagreement between two or more parties that involves either:(a) the authority of the board of directors, under the Condominium Act or condominium documents, to require any owner to take any action, or not to take any action, involving the owner’s unit or the appurtenances thereto; or to alter or add to a common area or element; or (b) the failure of a governing body, when required by the act or condominium documents, to properly conduct elections, give adequate notice of meetings or other actions, properly conduct meetings, or allow inspection of books and records.”
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