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Has your New York City Cooperative and Condominium Considered Mediation to Resolve Disputes?

Co-ops and Condos

Disputes among cooperative and condominium residents, boards, and management are not uncommon in New York City. These disagreements, ranging from noise complaints to repair disputes, often disrupt community harmony and can escalate into costly and time-consuming litigation. Mediation may be a path to explore when disputes arise.

What is Mediation?

Mediation is a voluntary, non-binding, confidential process where a neutral third party, the mediator, facilitates discussions between disputing parties. A skilled mediator can facilitate a resolution
within a few hours while court proceedings can linger for years.

Mediation requires all parties involved in the dispute to agree to participate. While legal representation is optional, parties may choose to have an attorney present during sessions. The mediator serves as a
facilitator, guide, and go-between, and can assist the parties in reaching an agreeable solution to their dispute. If successful, mediation will end in a written, binding settlement agreement, signed by all parties.

Advantages of Mediation

  1. Empowerment: Parties maintain control over the outcome, rather than relying on a judge or jury’s decision.
  2. High Success Rate: Approximately 75% of mediated cases result in enforceable agreements.
  3. Efficiency: It is typically faster and more cost-effective than going to court.
  4. Confidentiality: Discussions in mediation are private and cannot be used in subsequent legal proceedings.

Types of Disputes Mediated

Mediation can address a wide range of disputes within co-op and condo settings, including:

  1. Owner-to-Owner: Issues such as noise disturbances, property maintenance, or pet-related conflicts.
  2. Owner-to-Board: Disagreements over repairs, alterations, or governance matters.
  3. Management and Contractor Disputes: Contractual disagreements related to services or improvements.

For more information on mediation and whether your building’s bylaws can be amended to provide for mediation, the Condominium and Cooperative lawyers at Guzov, LLC can offer expert guidance. If you would like to discuss mediation to resolve cooperative or condominium disputes, or any issues relating to cooperatives and condominiums, please contact us to schedule a consultation.

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