Services

Mediation For HOAs

HOMEOWNER ASSOCIATION
MEDIATION AND ARBITRATION SERVICES

OC MEDIATION provides to Homeowner Associations (HOAs) and their boards of directors both informal/internal mediation services and formal mediations and arbitrations. What sets us apart from other ADR providers is that we offer two highly-experienced and qualified mediators/arbitrators for all sessions and at a considerably lower cost than well-known providers such as JAMS. Because we recognize that since all HOAs are run by volunteers, most of whom have full-time jobs, we make our services available in the evenings at no extra charge.

SERVICES AND FEES

Informal/Internal Mediations –Recent revisions to the Davis-Sterling Act (Civil Code Sections 1363.810-1363.850) require that every HOA provide and pay for an informal procedure for resolving disputes with its members. OC Mediation provides this service with 2 mediators for $250 per mediation of not more than 2 hours. Mediations that last longer than 2 hours will be charged $150 per hour or any fraction. These mediations can be conducted on Mondays through Thursdays until 8PM.

Formal Mediations/Arbitrations – Formal mediations or arbitrations conducted between HOAs and their members, either under the relevant governing documents or as required by California law (Civil Code Sections 1369.510-1369.590) are also provided by OC Mediation. In our experience, most successful mediations do not last longer than 4 hours barring unusual circumstances. Therefore, our charge for these more formal and lengthy mediations (as always, with 2 mediators) is $1,000. If there are multiple parties or unusually complex issues to be mediated, and it is anticipated that the mediation session will last longer than 4 hours, OC Mediation will charge $150 per hour, or fraction, for the excess time. Mediation services involving the developer of a project are also available. Due to the complexity of these matters, we will provide a fee estimate on request once the scope of work has been determined.

Arbitrations by their nature are more formal and can take much longer. We expect that the lawyers representing the HOA and the individual homeowner(s), and the developer if appropriate, will provide us with a realistic estimate of how long the arbitration will take. For arbitrations, OC Mediation charges $2,000 for a half day session with 2 mediators and $3,500 for a full day session. Please note that we do not charge for “file set up”, “brief review” or other similar charges that other service providers charge. Because of the increased formality of arbitration, we request that all parties submit written arbitration briefs or statements and copies of relevant documents at least 5 days in advance of the session so that OC Mediation can be better prepared for the arbitration.