Pre-Suit Mediation Practice

As of July 2021, a change in Florida law allows condominium and cooperative associations to avoid the mandatory non-binding arbitration requirement for addressing disputes between unit owners and the association by opting for pre-suit mediation.

Becker’s Pre-Suit Mediation team can help community associations take advantage of this more expedient and less costly option to arbitration and formal litigation.

Mediation is a confidential process, in which a member of our team will function as an independent and neutral third-party. The mediator does not give legal advice and does not make any decisions regarding the dispute, but rather facilitates a constructive discussion in an effort to place the parties in the best position to reach an amicable resolution of their dispute. Drawing on Becker’s decades of experience in counseling community associations, our mediation team can help parties find common ground, often implementing remedies that would not be available in court. Mediators can also help the parties recognize potential weaknesses in their case, help resolve personality conflicts, and remind the parties of the financial reality of litigation if the dispute is not resolved.

The end goal of mediation is for the parties to consent to an enforceable, written settlement agreement. Even if the parties cannot agree on every point at issue in a dispute, Becker’s mediators can help the parties work to limit the scope of a potential lawsuit, significantly reducing the time and effort involved in litigation.