||Internal Dispute Resolution (IDR)
||Alternative Dispute Resolution (ADR)
||Attorneys generally not involved.
||Attorneys often involved.
||Attorneys usually involved, attorneys' fees allowed.
||Parties can represent themselves in court but normally hire lawyers. Attorneys' fees allowed.
||IDR usually within 30 days.
||Mediation within ~90 days.
|| Arbitration should occur within 90 days but can take much longer.
||The case should come to trial within 12 to 24 months but can take up to five years depending on the court's calendar and how vigorously the parties litigate.
||Depends on the mediator (~$200-$500 per hour) and length of mediation. Each side pays 1/2the cost.
|Depends on the arbitrator (~$200-$500 per hour), the contentiousness of the parties, and the length of arbitration. Fees and costs can range from $5,000 to $40,000 or more per side.
||Depends on the aggressiveness of the parties, the hourly rates of the lawyers, how soon it gets to trial, and whether it is a jury or bench trial. Fees and costs can range from $15,000 to $600,000 or more per side.
||HOA required to participate if requested by owner but owner not required to participate if requested by the association.
||If pre-litigation mediation is unsuccessful, the dispute may escalate to arbitration or litigation.
||Extremely limited right of appeal. Prevailing party may be entitled to attorneys' fees and costs.
||May require an offer of ADR before proceeding.