Q: Are parties to community association disputes required to mediate their claims before suit can be filed? A: Most disputes between community associations – in other words, between condominium and homeowners’ associations and their members or other residents – are subject to what is known as mandatory statutory presuit mediation. […]
Q: What is a presuit mediation and when is it required? A: When the parties to a legal dispute agree that mediation could help them avoid the cost of a lawsuit, they can take part in a presuit mediation. As its name implies, a presuit mediation is a mediation conference […]
Q: When is the best time in my dispute to hold a mediation? A: The best time in the course of a dispute to schedule and hold a mediation depends entirely on the nature of the dispute and the parties involved. In some cases, typically when the adverse parties are […]
Q: Will the mediator decide my case? A: No. Although mediators are usually lawyers, and often retired judges, they serve in neither capacity in the mediation process. The role of a mediator is to aid the adverse parties in facilitating an agreed settlement. Mediators don’t decide cases. They’re not even […]
One of the most common and easily overlooked sources of disputes in Florida residential transactions is personal property: what’s actually included in the sale, what’s excluded, and how it’s documented in the contract. Adding personal property items is so commonplace that both the Standard and “AS IS” versions of the […]
