Real Estate is a broad legal term that encompasses land along with anything that is permanently affixed such as buildings and other improvements. This body of law addresses purchase and sale agreements, leases, construction, financing, insurance, land descriptions and a vast array of associated issues. The parties involved in real estate transactions are referred to as sellers, buyers, landlords, tenants, contractors and many affiliated service industries such as agents, lenders, inspectors and surveyors, just to name a few. Disputes often arise between this myriad of parties that require quick and cost effective resolutions.
Mediation in Real Estate disputes is rapidly growing because it offers distinct advantages over the litigation process. Traditionally, real estate contracts between parties have provided that in the event of a dispute, either party could seek redress in a court of law. Current trends illustrate that litigation is time consuming, very costly and destroys the relationship between the parties. In addition, real estate professionals are quickly discovering that “pending litigation” has an adverse impact upon their time and reputation, which can affect their earning capacity regardless of the outcome.
Mediation is a process where a skillful neutral third-party professional referred to as a Mediator meets with the parties individually and as a group and encourages them to carefully examine the dispute, including both the positive and negative aspects of the disagreement. The third-party neutral also encourages the parties to discuss the dispute and come to a mutual resolution. The Mediator “does not” render a decision and “does not” force the parties to settle the dispute.
Real Estate Dispute Mediation is growing in popularity. It permits the disputing parties to resolve their dispute without the intervention of judge, jury or arbitrator. Mediation is typically voluntary and non-binding and generally any party can withdraw from the process. A primary benefit to mediation is the parties have the opportunity to select a Mediator with expertise and experience with the subject of the dispute, which can greatly streamline the resolution process. Mediation gets glowing reviews when the dispute is resolved in an economical and timely manner with minimal emotional impact on the parties.
Our Mediators have many years experience in all facets of real estate and the resolution of real estate disputes, including countless cases of negotiating settlements on behalf of clients and mediation of real estate disputes. We believe mediation offers a cost effective and timely resolution to real estate disputes. With years of experience in real estate, our mediators understand the underlying issues and can better assist in any efforts to resolve the dispute.