NATIONAL – Shu Bartholomew: So you want to go to arbitration
onthecommons.us: So you want to go to arbitration
By Shu Bartholomew
With the legislative season about to begin in many states, frustrated homeowners are once again looking at mandatory Alternative Dispute Resolution – ADR – as a possible fix for their HOA problems. But wait.
Before you propose giving away your last hope for a fair outcome to your legal entanglements with your homeowners association, listen to what others have to say about Arbitration and Mediation.
In their book, “No Contest; Corporate Lawyers and the Perversion of Justice in America”, Ralph Nader and Wesley J. Smith discuss Alternative Dispute Resolution and as far as I can tell, the nicest thing they have to say about it is that it can work – in some instances – provided both parties agree to ADR, fully understand what it entails and that both parties are equal. They say, “… ADR almost always favors a big institution over individuals. ADR can cost as much as or more than court litigation, can prevent aggrieved parties from finding facts essential to their cases, can conceal important information of broad public concern, and can keep the individual disputant , even if victorious, from obtaining an effective remedy.” Read more: