Mediation Services
Why fight?
Jason Vaughn and Jessica Smith, when acting as Mediators, have successfully resolved cases ranging in size, complexity and industry. These results have been routinely achieved more efficiently and cost-effectively than through litigation. Mediation is an alternative to traditional litigation. Mediation provides a forum in which parties can resolve their disputes through settlement, with the help of a neutral third party.
When we conduct a Mediation, we typically have all the parties attend the Mediation at our office, but we can also perform the Mediation through remote video. If it is at our office, each party is taken to a private conference room to use throughout the Mediation process.
After everyone has arrived, we will bring the parties to one central conference room where each party will get to exchange their initial positions. Often, this is the first time each party hears the other’s complete and uninterrupted version. We will encourage each party to listen and not interrupt the other party during this process.
Then, we will initiate a “break out session.” During this time, each party returns to their private conference room, or a private online video room, and the Mediator will meet with each party separately in a series of confidential, private meetings where we begin to explore settlement alternatives. We will then “shuttle” between the rooms in an attempt to reach an agreement.
Finally, when the parties agree upon the broad terms of a settlement, they will sign a final settlement agreement.
If the parties are unable to reach an agreement, then they can proceed on to trial or Arbitration, depending on their particular situation.
If you would like to use Mr. Vaughn or Ms. Smith as your Mediator or Arbitrator, please give us a call.
Is Mediation a Good Option in Homeowners Association Disputes?
Absolutely. Mediation is a method of dispute resolution that has been found to be highly successful. Most courts require or recommend its use before they will even schedule a trial. To understand why one must recognize the strengths and weaknesses in our judicial system.
The strengths are easy; each side gets its day in court and the right to be represented by legal counsel. The weaknesses are less apparent. With these rights come great expense and the inability to control the outcome. Lawyers are not inexpensive, and even the best judge or jury can focus on the wrong fact or misinterpret the law, leading to an unexpected and costly outcome.
Meditation lowers the costs and puts control of the outcome, at least partially, in the participants’ hands. Mediation utilizes a third-party neutral as the Mediator, typically agreed on by the parties, who attempts to negotiate a settlement between the parties.
Mediation is done by separating the parties and facilitating a settlement “conversation” between the various sides. While the Mediator does not decide the outcome, they can offer guidance and objective analysis to each side. The Mediator can also discuss confidential components of the case with each side without ever revealing those confidences to any other participant.
If the process is successful, the parties will end the mediation by signing a settlement agreement that resolves most or all of their outstanding issues. The time spent by lawyers and the participants is drastically reduced when compared to a trial. Moreover, each side has participated in the resolution instead of turning it over to an already beleaguered court system or arbitrator.
Why would a Homeowners Association want to participate in a Mediation?
The Directors on the HOA Board volunteer their time. They have busy schedules, and dedicating several days to a court hearing or arbitration is not practical. Also, the Directors act as stewards of the HOA’s finances. They must look for the least expensive option for dispute resolution with any of its members. Mediation offers that option.
Why would an individual member of a Homeowners Association want to participate in a Mediation?
Once again, the cost would be the primary motivation. When facing an HOA, the individual member faces the combined treasury of all its members’ contributions. As a result, the HOA often has vastly greater financial resources than the individual member. The marathon that is litigation can often be too long for the individual member to run.
Finally, mediation offers the chance that all parties can mend what may be a very long relationship. Rarely does a court victory end without one part feeling deeply disgruntled and angry. Mediations, on the other hand, often end with all parties starting on the road to reconciliation.
Why is Jessica Smith the Mediator to assist you in your Homeowners Association Dispute?
Jessica Smith has represented numerous homeowner and condominium associations and their individual members for over fifteen years. Beyond her continuing legal representation, she has also taught for the Kentucky Bar Association, the Louisville Bar Association, national companies and a local university. She has taken that experience and focused much of her mediation practice toward resolving association disputes.
Litigation between an association and its individual members can often spiral out of control. The legal costs that must be borne by all parties can lead to financial catastrophe, and the end result often leaves the participants dissatisfied.
Ms. Smith will bring her considerable experience, skills and knowledge to resolving your dispute early and for less cost.
