I feel compelled to reinforce Roberta's caution about initiating a lawsuit. I understand your reasons for being upset with your neighbors, but... since you are “very, very close to going forward”, I’m hoping I still have a chance to dissuade you from this course of action.

Roberta has said, “(A Lawsuit) rarely makes for better neighbors.” I couldn’t agree more! In 1997, I was involved in a lawsuit over a boundary line shared with a neighboring property owner. It turned out that our boundary was not a straight line between two markers but followed the curves of an old farm road. Hard feelings have not dissipated, in fact, may have increased on the neighbor's part even after this neighbor won the suit. Not good!

You have chosen to live with these neighbors. In my opinion, mediation offers the best hope for reducing the animosity in your neighborhood. Please agree not to go forward with a lawsuit until you have carefully considered mediation!  At least wait until your immediate anger subsides before making your decision.

If I were to decide the players in the room, I would want you, a majority of the Officers in your road association, and the mediator to be present.

My second choice for negotiator on the opposing side would be an owner chosen by the Officers or a majority vote of the owners. 

Any agreement reached in the room would, of course, need to be approved by a majority vote of the owners to be effective.

By effective, I mean in reducing neighborhood tension. I’m not certain about the legal power of a negotiated agreement. Maybe Roberta knows. I don't believe the mediator renders a decision; the parties involved arrive at a mutually agreeable decision.  

I have spoken with Roberta. The agreement, if one is reached, is not court ordered. Adherence to the agreement  depends on the integrity of the participants. She advises contacting Family and Community Mediation (FCM). Sometimes they recommend whole communities attend a mediation.