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ADR Mediation

The New Jersey chapter of Community Associations Institute is proud to offer an Alternative Dispute Resolution (ADR) – Mediation Program to CAI-NJ members as an exclusive benefit.

What is ADR?

The CAI-NJ ADR-Mediation Program is designed as an alternative to the traditional justice system. 

  • Residents or resident vs Homeowners Association (HOA)
  • It includes negotiation and mediation with a mediator
  • This service is offered to parties who live or work in community associations.

Community associations are required by state law to offer homeowners, a “fair and efficient” alternative to litigation.

How are ADRs conducted?

  • Virtually – All ADRs are 2 hours and conducted virtually.
  • Non-Binding – The mediator is selected by CAI-NJ and assist them in arriving at a solution but does no impose a decision. It’s a non-binding agreement.
  • Voluntary – ADR involves a mediation conference where the disputing parties meet with a mediator on a voluntary basis to talk about the issue and attempt to reach an agreement.
  • Acceptable Compromise – The mediator helps the parties look at all aspects of the issues and explore what may be acceptable to both parties as a resolution. While the mediator is to remain impartial, they are there to help both sides come to terms and may offer a suggestion in an effort to help both parties come to an agreement but will not recommend or impose during the discussion.
  • No Recording/Video – There will be no recording or transcribing of the mediation by any of the parties, nor the mediator. The final summary will be written up in the Resolution Agreement that is sent out to the parties directly following the mediation. IF there is suspicion that the mediation is being recorded or videotaped, the mediation will come to a stop and the mediation will then be closed.

Why use CAI's ADR service?

The CAI-NJ ADR Program will most likely be less expensive than the normal judicial process because it is a one-time fee rather than court costs and undetermined legal fees. Also, mediation is a confidential process unlike court cases that are adjudicated in public session. Many mediated disputes only require one session to resolve, and those sessions can be scheduled quickly.

Our mediators are certified mediators that go through a full-day training course that are all members of CAI-NJ. Our mediators are made up of our members which can be business partners, managers and homeowner leaders. All mediators sign a conflict-of-interest form and receive a certificate after their completion of their mediator training.

Who is eligible for ADR?

The CAI-NJ ADR Mediation Program is an exclusive benefit for CAI-NJ members only.

To be eligible for the program a minimum of two board members from the association must have a current CAI-NJ membership. Please note if the manager or the management company is a member, that does not transfer to the association. The association must hold the membership to request ADR.

The fee is $400 for a two-hour virtual mediation. Once the mediator is assigned to the mediator, the ADR is non-refundable. Once the ADR – Mediation Request Form has been completed in full with payment and submitted to CAI-NJ a mediation will be assigned. The parties will be contacted by the mediator.

Once the mediation is completed, we do request that no further outreach be sent to the mediator as the request is officially closed. If any follow-up is needed, please contact the CAI-NJ office.

CAI-NJ Policies

  • The mediator has the right to close out the mediation if either party is unresponsive in setting up the mediation. The mediator will give multiple attempts to schedule with dates and times, but if no communication is given by one or more of the parties, the mediator reserves the right to forfeit the mediation and close it out.
  • No refunds will be given once the mediation is assigned.
  • No videotaping or recording of the mediation session is allowed. If there is proof of the mediation being recorded or transcribed, the mediator reserves the right to close the mediation.
  • If the mediation goes beyond the 2 hour virtual mediation – any time after that will be at the discretion of the mediator. Both parties do have to agree on the payment and if they want to move forward with the additional time. Again, this all goes through the mediator IF the mediation goes beyond the allotted time of 2 hours.
  • Mediator/Party Communication Hours are Monday – Friday. Unless it suits all parties schedule, and the parties agree on a mediation time/date outside of those parameters that is at the mediator’s discretion. Please be courteous of the times you are handling communications and use the working 9-5PM as a guideline.

Please note: at this time, all mediations are being conducted virtually.

Mediations cannot be filmed or recorded for any reason. If recordings or video taping is suspected, the ADR will be stopped and closed.

Download the ADR – Mediation Service Request Form.

Click here

*To be eligible for the ADR – Mediation program a minimum of two (2) board members from the association must have current CAI-NJ memberships.

If your association does not currently fulfill the membership requirement and you wish to participate in the ADR – Mediation program, call the CAI-NJ office at (609)588-0030 or email Robin@cainj.org. The annual cost for membership is $305 for two (2) board members.

Not a Member? Download the CAI-NJ membership application

Click here

If you have additional questions regarding the ADR – Mediation Program, please contact the CAI-NJ office at (609)  588-0030 or adr@cainj.org.