FloridaToday.com offer recently a Q & A for condo owners explaining the differences between mediation and arbitration.  The answers were provided by Gary A. Poliakoff and Ryan Poliakoff.

Question: What is the difference between mediation and arbitration and is it true that I have to take part in mediation or arbitration before I can sue my condominium association?

— A.T.

Poliakoffs: Mediation and arbitration are both forms of alternative dispute resolution (ADR) — ways that a dispute between parties can be solved without resorting to costly litigation. Before we address the specifics of how ADR works in condominiums, it would be helpful to explain the difference between mediation, arbitration and lawsuits.

Obviously, the first form of “dispute resolution” is to try and handle disputes directly, by having an open discussion between the two parties.

Assuming that the direct method hasn’t worked, the next and least aggressive form of ADR is mediation. A mediation (which can be either mandatory or voluntary) occurs when the two parties sit down, usually with their attorneys, in front of a trained mediator. A mediator’s job is to help the two sides air their grievances in a productive manner. Mediators are not judges — they do not decide what is right or wrong, or what the true facts of the dispute are. Instead, mediators assist parties in reaching their own bargain, usually by serving as a shuttle between the two sides as they negotiate settlement terms. Mediations are non-binding, unless the parties sign a settlement agreement at the end of the process.

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