What is mediation?

Mediation is a voluntary, confidential, and informal process where a neutral third party (the mediator) helps disputing parties reach their own mutually acceptable resolution. A mediator does not make decisions or impose solutions. The role of the mediator is to facilitate communication and negotiation to help parties find common ground.

In Florida, the Homeowners Association mediation process is a mandatory pre-suit requirement for specific disputes as outlined in Florida Statute § 720.311. This process is in place to resolve conflicts through a neutral party before they escalate to costly and lengthy litigation.

Mediation is required as a prerequisite to filing a lawsuit for disputes involving covenant enforcement (violations of architectural guidelines or community rules), property use (disagreements over changes to a parcel or common areas), governing document amendments (disagreements over changes to the HOA’s rules), and maintenance obligations (disputes regarding the upkeep of property).

Mediation Process

A written demand must be sent via certified first-class mail by the aggrieved party. Once this has been accomplished the recipient has 20 days from the date of mailing to respond in writing. Typically the mediation session must occur within 90 days of the demand being sent. During the mediation session, the mediator will explain the rules and confidentiality. Both parties will present their views of the facts and legal arguments. The mediator will then meet with each party separately to explore potential compromises and settlement terms. If common ground is found, the parties sign a legally binding settlement agreement.

Failure to participate in good faith can result in significant legal repercussions. Any party that refuses to participate loses the right to recover attorney fees in any future lawsuit related to that dispute, even if they win the case. If a party fails to respond within the 20-day window, the other party is generally entitled to proceed immediately to court.