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Alternative Dispute Resolution (ADR)
Listed below are the closed matters which
claimants have completed through the ADR program
and the decisions. To view the details of a case, click on a
blue claim number in the first column of the
document.
ADR Closed Claims FY13
ADR Closed Claims FY12
ADR Closed Claims FY11
ADR Closed Claims FY10
About the ADR Program
Before any civil action can be taken
regarding a dispute relating to governing
documents of a common –interest community
(homeowners association), the disputing parties
must complete the Alternative Dispute Resolution
(ADR) process under Nevada Revised Statutes (NRS)
38.330. Further, if a homeowner association
provides a scheme of dispute resolution, that
procedure must be exhausted before submitting an
ADR claim to the Nevada Real Estate Division,
Office of the Ombudsman.
There are three choices of resolution when
considering using the ADR process:
-
Mediation – Each of the parties has an
opportunity to present his or her case and
witnesses, if any. The mediator promotes
reconciliation, agreement or compromise.
-
Non-binding arbitration – Each of the
parties has an opportunity to present his or
her case and witnesses, if any. The
arbitrator upon conclusion of the hearing
renders a decision. Either party can file a
civil lawsuit if the decision is not
favorable to them.
-
Binding
arbitration – Each of the parties has an
opportunity to present his or her case and
witnesses, if any. An award resulting from
binding arbitration is generally final and
binding upon the parties and is enforceable
in the same manner as a civil judgment.
For detailed instructions on how to utilize
the ADR process, go to
Form 523
- Residential Common Interest Alternative
Dispute Resolution (ADR) Overview. Also posted
are other forms utilized in the ADR process.
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