Nuts and Bolts of Community Association Mediations

Live InReach Zoom webinar presented by Gary S. Rosner, Moritt Hock & Hamroff LLP. Course number 8432 is approved for 1.5 CLE, .5 of which may be applied toward Ethics; 1.5 Condominium and Planned Land Development Law; 1.5 Real Estate. ADR Section members register for only $50 and all registrants have 90-day, on-demand access. REGISTER

Attorneys and mediators alike will benefit from a review of the mediation process from the perspective of an experienced lawyer who has served as counsel for homeowners’ associations and as a frequent mediator in community association disputes. Gary Rosner will discuss:

– Importance of pre-mediation communications and preparation of participation for mediation.
– Question of authority and attendance at mediation when a board is participating
– Establishment of rapport with the parties and creating comfort with the process
– MEAC opinions on ethics, self-determination, and authority
– Understanding of the “prevailing party” and responsibility for legal fees. “Kick in the Stomach” issue
– Importance of BOD knowing insurance coverage, i.e., policies that only provide for the cost of defense, not indemnity; and when counsel is appointed by the insurer, the importance of communication between insurance appointed counsel and privately retained counsel to association/board if occurring before mediation. Especially coverage issues, the ability of BOD to pay a settlement, the default rate on units, etc.

Gary S. Rosner has over 25 years of experience in handling all areas of civil litigation including but not limited to complex, commercial, real estate, probate, business and title claims. Mr. Rosner is a sought-after mediator, arbitrator and special magistrate. He is a Florida Supreme Court Certified Circuit Civil and County Court Mediator, Florida Supreme Court Qualified Arbitrator and Florida Department of Financial Services Mediator.

In addition to his practice, Mr. Rosner serves as Adjunct Professor of Law at Nova Southeastern University. As a recognized leader in his field, he is a frequent speaker and moderator on various legal and alternative dispute resolution related matters.