What is the process for resolving disputes between condo owners and an association?

In Kansas, disputes between condo owners and an association are typically resolved using an Alternative Dispute Resolution (ADR) process. ADR is a process that helps parties reach agreement outside of the courtroom. Typically, ADR involves the jointly-selected use of an arbitrator or mediator. Arbitration is a form of ADR where a neutral third party, the arbitrator, hears both sides of the dispute and makes a decision to resolve the dispute. The arbitrator’s decision is binding, meaning it is final and cannot be appealed. Mediation is another form of ADR where a neutral third-party mediator promotes communication between the parties in an attempt to help them reach a mutually agreeable resolution. The mediator does not decide the outcome of the dispute, but instead assists the parties in considering options to settle the dispute. In order to begin the ADR process, the parties must agree to use ADR instead of filing a lawsuit. The agreement to use ADR must be written and signed by the parties, and it should include information about the ADR process to be used. Furthermore, the parties must agree on a neutral third-party to either arbitrate or mediate the dispute. ADR can be used to resolve a wide variety of disputes, including disputes between condo owners and an association.

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