Conflict Resolution & Mediation Flashcards

Two owners dispute a shared fence line, and each insists the other must pay for repairs. What is the community manager's best first step?

Answer: Review the governing documents and property records to determine who is responsible

Responsibility for shared structures is determined by the governing documents and recorded plats, so facts come before any resolution.

In a mediation between a homeowner and the association, what is the mediator's primary role?

Answer: Facilitate communication so the parties reach their own agreement

A mediator is a neutral facilitator who helps parties craft their own voluntary solution and does not decide the outcome.

Which technique best de-escalates an angry resident who is shouting at the front desk?

Answer: Listen without interrupting, acknowledge their frustration, then move to problem solving

Active listening and acknowledging emotions lowers tension and allows a productive discussion to follow.

What distinguishes a party's 'position' from their 'interest' in interest-based negotiation?

Answer: Position is what they say they want; interest is the underlying reason or need

Positions are stated demands, while interests are the underlying needs, and uncovering interests opens more options for agreement.

A board member is pressuring the manager to ignore a violation by a friend. How should the manager handle this?

Answer: Enforce rules consistently and document the request, escalating to the board president or counsel if needed

Selective enforcement exposes the association to liability, so consistent enforcement and documentation protect it.

Which dispute resolution method results in a binding decision made by a neutral third party?

Answer: Arbitration

In arbitration, a neutral arbitrator hears both sides and issues a decision that is typically binding.

Why is confidentiality commonly emphasized in mediation?

Answer: It encourages candid discussion of settlement options without fear of later use

Confidential discussions let parties explore compromise openly without statements being used against them later.