Informal mediation with the CIC Ombudsperson’s Office is a voluntary, no-cost process for resolving disputes between common interest communities (CICs) or homeowners associations (HOAs) and their unit owners. The Minnesota Common Interest Community Ombudsperson offers informal mediation to help unit owners and associations resolve disagreements without involving the court system.  

Informal mediation is a cooperative, problem-solving process led by a neutral, trained mediator. The Ombudsperson facilitates respectful communication, helps clarify the issues and interests involved, assists the parties in exploring possible resolutions, and encourages voluntary agreements. Mediation focuses on identifying workable, practical solutions while the parties remain in control of the outcome. The mediator does not make decisions or take sides.   

Participation in mediation is voluntary and requires the consent of all parties to the dispute. The Ombudsperson does not have enforcement authority and cannot require anyone to participate in mediation. Either party may decline to participate or may end the process at any time, and no agreement is required. The mediator cannot order either party to pay penalties or fines.  

Only approved participants may attend. Mediation sessions may not be recorded unless all parties and the mediator give consent.  

Mediation is often effective. It frequently results in full or partial resolution of disputes, helps narrow the issues of disagreement, and improves communication between the parties. Even when a final agreement is not reached, mediation can reduce conflict and clarify next steps. 

Mediation offers several advantages over litigation. It is typically faster and less expensive, avoids formal court proceedings, allows parties to control the outcome, encourages cooperative solutions, and may help prevent future disputes. Mediation may take place in joint sessions with all parties together or in sessions where parties meet separately with the mediator.  

The Ombudsperson may not provide mediation services if the dispute is already pending in court or an administrative proceeding, if the same disputed issue has been addressed or is currently in an alternative dispute resolution process, or if a harassment restraining order is in effect against the unit owner.  

Overall, informal mediation provides a voluntary way to resolve disputes between unit owners and associations within common interest communities. It helps parties work collaboratively toward practical solutions while avoiding the cost, stress, and uncertainty of litigation. 

The Minnesota Department of Commerce does not provide legal advice to consumers or associations. The information presented in this document is for informational purposes only and is not intended as legal advice.