Early Dispute Resolution

 

The Need

 

Residential developers know that housing developments are, by their very nature, extremely complex undertakings. With the sheer number of critical tasks that have to be simultaneously and sequentially coordinated in order to deliver a high-quality/timely product, residential construction is a daunting process (even without the existence of “Murphy’s Law!” - Anything that can go, will go wrong!)

 

Condo and Homeowners also face frustrations. They may find themselves looking out the window at the ‘unfinished roof of the unsold house next door’ and feeling angry. “It always seems like the (proverbial) ‘roof next door’ receives a disproportionate amount of attention while we’re forced to wait for repairs to our dripping AC”. As the light-brown stain steadily spreads across the textured ceiling over a brand new carpet and a freshly purchased divan, the stresses on residents can become explosive.

 

The build-up of unresolved stress and animosity can infect an entire development with a “communication virus" that, once spread, can undermine even the most routine transactions. Escalating ‘ill-will’ eventually results in breakdowns in normal communications. What was once a garden-variety disagreement can metastasize into a legal melodrama between parties who can ill-afford the resulting waste of both time and money. At the end of the day, delay in timely problem-solving inevitably results in costly disputes that consume a significant percentage of otherwise healthy profit margins, HOA reserves and, a much-needed commodity called, good-will.

 

The Answer: Early I.D. of “Hot Spots”

 

Convening early, mediated/facilitated problem solving sessions between Owners and Developers is the shortest route for working through emergent issues to an early resolution. Here at Jenkins Associates Mediation, we have thirty-five plus year’s experience, in over forty-four states, providing session participants with the quality of attention and specificity of solution that addressing these important need requires.

 

Protocol –Early Dispute Resolution

 

How it works

 

Step One:

A Condo/Home Owner or Developer/Contractor makes telephonic contact with a Jenkins Assoc. Mediation professional.
 

 

Step Two:         

A Jenkins professional gathers sufficient informal, ‘situation-specific information’ (via the telephone or the Internet) to reasonably initiate contact with involved stake-holders to invite their participation in a non-binding ‘facilitated problem-resolution session.’
 

 

Step Three: 

     

Once a Jenkins Assoc. professional has secured the agreement of all stake-holders to participate, a mutual time, date and location will be confirmed in writing.
 

 

Step Four:

Before the first meeting a J.A.M. professional will ascertain (telephonically) whatever preliminary information may need to be gathered and disseminated between stake-holder/participants in order for scheduled discussions to be productive.
 

 

Step Five:

 

On the date of the first scheduled joint session with all participants, a Jenkins Assoc Mediator will meet privately, face-to-face with each stakeholder to update themselves on the latest developments prior to commencing the first joint session.
 

Step Six:  

A Jenkins Assoc Mediator will convene a joint session of stake holders in to ensure that all participants have an opportunity to meet directly with one another. (See Confidentiality Agreement).

 

Step Seven:  

Following the joint session the mediator will conduct shuttle diplomacy in a series of confidential caucuses until an acceptable resolution has been agreed upon.   

               

     *Prior to commencing face-to-face discussions with individual Owners or  Developers the Mediator and each participant will sign a Confidentiality Agreement to protect the privileged nature of facilitated discussions.