Thursday, July 25, 2013

Spreading the Condo Mediation Message

I had the privilege to appear on local radio show Brashenomics this month.  During my part of the show, I discussed the mediation process and explained why condominium and homeowners associations and their owners should use mediation more often to resolve conflicts.  Here is a link to a video of my part of the show: http://bit.ly/18EiixT

Tuesday, May 21, 2013

The Elusive Goal of Rapport

The French word rapporter entered the English language as rapport in the 1660's.  Rapporter means to “fetch”, “yield” or “bring back”.  Rapport, on the other hand, is defined as “a sympathetic or harmonious relationship or state of mutual understanding”.  

Mediation seeks to replace strife with rapport.  Restoration of the relationship between the parties to the greatest extent possible is its primary goal.  When rapport is created, communication flourishes and mutually acceptable solutions are found to common problems.

As a mediator, I make it a priority to ensure that each party fully considers and understands the other party's position and motivation.  Attempting to see a dispute from the other side's point of view often leads to the establishment of rapport.  Concessions and settlements are then much more likely to occur.   

Thursday, April 18, 2013

Announcing My New Mediation Practice

Community associations and owners rarely engage in mediation right now.  If direct dialogue does not solve a problem, then one or both of the parties typically hire an attorney, often at great cost.  Mediation offers a third way to resolve difficult disputes that is quicker and cheaper than litigation.  Given its benefits, the use of mediation to resolve disputes between community associations and owners will likely become increasingly common in the years ahead.

Over the last eight years, I have provided legal representation to condominium and homeowners associations and owners within such associations.  During the course of that work, I have helped numerous parties in conflict communicate with each other and resolve their disputes through negotiation.  However, I have always acted as an advocate for one side.  This is about to change.  I have decided to begin offering mediation services to community associations and owners. I look forward to helping associations and owners settle their differences in this new role.