A. In any civil dispute between the management and a resident of a mobile home park arising out of the provisions of the Mobile Home Park Act, except for nonpayment of rent or utility charges or in cases in which the health or safety of other residents is in imminent danger, the controversy may be submitted to alternative dispute resolution by request of either party prior to the filing of a court action or a forcible entry and detainer action. The cost of the alternative dispute resolution services shall be divided equally among the disputing parties.
B. The agreement, if one is reached, shall be presented to the court as a stipulation. Either party to the dispute resolution process may terminate the process at any time without prejudice.
C. If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief.
D. Any alternative dispute resolution pursuant to this section shall be performed by a professionally certified mediator approved by all disputing parties.
History: Laws 1983, ch. 122, § 17; 1997, ch. 186, § 6.
ANNOTATIONSThe 1997 amendment, effective June 20, 1997, substituted "Alternative Dispute Resolution" for "Mediation" in the section heading; in Subsection A, substituted "civil dispute" for "controversy", inserted "or utility charges", substituted "alternative dispute resolution by request of" for "mediation by", inserted "a court action or", deleted "upon agreement of the parties" following "action", and added the second sentence; in Subsection B, substituted "dispute resolution process" for "mediation" and deleted "mediation" preceding "process"; and added Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Alternative dispute resolution: sanctions for failure to participate in good faith in, or comply with agreement made in, mediation, 43 A.L.R.5th 545.