Q: When having to participate in mediation with HOA in florida,do the mediator have to be in the same county as the home?
When having to go to mediation with the HOA the HOA lawyer has listed mediators in his county which is 40-60 miles away, are mediators required to be in the county the property and potential suit be taking place or anywhere within the state?
A: There are Florida attorneys here who do deal with HOAs who could answer your question best, but it remains open for a week. Until you speak consult with one, there is a general principle in arbitration/mediation where parties could raise the issue that a particular venue or forum is unduly burdensome or inconvenient. It could depend on the terms of the agreement and any forum selection clauses. But exploring and making such arguments would probably be costlier than spending the extra time driving to the inconvenient location. If the hosting entity is a large ADR organization such as the American Arbitration Assocation, you could inquire with them if they offer more geographically friendly hearing office locations. It could also depend on what the density of ADR forums near you is. If it's slim pickings, no point arguing these issues. Good luck
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