Home Condo Living A-Z Building Communities How Conflict Management and Mediation Can Impact your Association
 

Current Seminars & Events

September 2010
S M T W T F S
29 30 31 1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 1 2
Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Get updates on Condo News from the HausFS newsletter!
For Email Marketing you can trust

Admin Login



How Conflict Management and Mediation Can Impact your Association PDF Print E-mail

by Steve Rivera, Otavala Consulting

What do you do when faced with conflict in your daily life? Depending on your personality you may face it head on, you may deflect it thus continuing the conflict, or you may just avoid it all together pretending it doesn’t affect you. This is what is known as conflict management.

Conflict management refers to the long-term management of conflict. It is the label for the variety of ways by which people handle grievances—standing up for what they consider to be right and against what they consider to be wrong. Those ways include such diverse phenomena as gossip, ridicule, lynching, terrorism, warfare, feuding, genocide, law, mediation, and avoidance. While some of these forms seem extreme, we often participate in one form or another to address the conflict in our lives.

Conflict management is often considered to be distinct from conflict resolution. Conflict resolution refers to resolving the dispute to the approval of one or both parties, whereas conflict management concerns an ongoing process that may never have a resolution. In situations such as home owner or condominium associations, unresolved conflict can lead to unpleasant and even disastrous consequences. Unhappy members may act out by breaking association rules, sabotaging meetings, failing to pay dues, and ultimately may lead to outright feuding between owners. In order to resolve conflict in a productive way that benefits all parties involved, the use of a third party mediator may be called for.

Mediation is a fair and efficient process to help you resolve your disputes and reach an agreement. A neutral mediator assists you in reaching a voluntary, negotiated agreement. Mediation gives the parties the opportunity to discuss the conflict, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into resolutions. A mediator does not resolve the dispute or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Choosing mediation to resolve conflict between association members promotes a better living environment through increased communication, reduces costs (such as legal) and works for all parties involved in the dispute.

Mediators facilitate the process by:

·         Understanding each participant’s perspective through a pre-caucus.

·         Increasing and evaluating participant interest in solving the challenge through mediation.

·         Setting ground rules for improved communication.

·         Coaching participants through the joint session.

·         Equalizing power (e.g., between persons in different organizational levels).

·         Helping participants plan for future interaction.

Advantages of Mediation

·         Fair and Neutral
Parties have an equal say in the process and decide settlement terms, not the mediator. There is no determination of guilt or innocence in the process.

·         Saves Time and Money
Mediation usually occurs early in the charge process, and many mediations are completed in one meeting. Legal or other representation is optional but not required.

·         Confidential
All parties sign a confidentiality agreement.

·         Avoids Litigation
Lengthy litigation CAN be avoided. Mediation costs less than a lawsuit and avoids the uncertainty of judicial outcome.

·         Improves Communication
Mediation provides a neutral and confidential setting where both parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.

·         Design your own Solution
A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution. Mediation can resolve all issues important to the parties, not just the underlying legal dispute.

·         Everyone Wins
An independent survey showed 96% of all respondents and 91% of all charging parties who used mediation would use it again if offered.

Otavala Consulting can help your Association manage conflict.  Contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information.
 

Search Articles

HausFS on Twitter

Joomla Templates by Joomlashack