The Many Benefits of Real Estate Mediation
Since real estate buying and selling involves a lot of moving parts and parties who have a vested interest in the outcome, disputes often arise between and among stakeholders of real estate transactions. In such, real estate mediation provides a low-cost, highly effective alternative dispute resolution process that can be used to avoid litigation while saving valuable time, money and reputation.
Real estate agents are accustomed to the process of negotiation. However, many fail to see the value of that same process when involved in a dispute with a present or past client, or any other party involved in a real estate transaction. Negotiation through real estate mediation is an effective tool to resolve any dispute that might arise before, during or after a real estate transaction has occurred.
In real estate mediation, a neutral, third-party mediator hears all sides involved in a dispute in an informal meeting known as a mediation hearing. In this hearing, the mediator uses his or her knowledge of the law related to real estate and property transactions to assist the parties in reaching a negotiated settlement that resolves the dispute.
In transactions related to real estate, disputes can arise concerning:
- Contractual language
- Misrepresentations by the seller
- Willful breach of contract
- Lease disputes
- Boundary, easement or encroachment disputes
- Failure to disclose environmental contamination
- Land use and zoning disputes
- Title or deed disputes
- Mechanics liens and construction disputes
Resolving these disputes through litigation not only costs significant time and money for both sides involved—it also destroys the reputation of a realtor, contractor or business, and becomes a matter of public record for anyone and everyone to see. Mediation, on the other hand, is a quick, legal remedy that is completely confidential, allowing resolution of the dispute to be reached under the disputants’ own terms and control.
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The Projected Outcomes of Discrimination Mediation
There are many root causes of racial conflict, and despite the advances made in our country, we still have a long way to go to fix the problem of racial discrimination. Everyone is affected, whether directly or indirectly, and the issue is widespread in employment hiring, firing and disciplinary procedures. For this reason, discrimination mediation is an option for alternative conflict resolution that uses the assistance of an impartial, third-party mediator.
Discrimination mediation has been used in a wide range of situations to resolve conflict that could otherwise lead to litigation. Mediation has shown to be a successful form of conflict resolution for a wide range of discrimination-related disputes due to its ability to assist with communication and bias—factors that are often at the core of discriminatory sentiments and assumptions.
While mediation has been highly successful in a large number of discrimination disputes, it is not a “one size fits all” method of resolution. Some situations are better suited for other legal remedies, especially those involving sexual harassment and /or situations in which one party feels threatened or intimidated by the other. When these elements are present, arbitration or litigation might be the best course of action—particularly if the vulnerable party suffers anxiety in being in the same room as the alleged perpetrator.
In most other discrimination-related disputes, however, mediation can be an inexpensive and effective way to reach a resolution quickly. This is because discrimination mediation:
• Assists the parties in identifying the real issues at hand;
• Provides both disputants with the opportunity to retract comments, clarify misunderstandings or misperceptions, and apologize for any damage their actions might have caused;
• Provides both parties with a clear understanding of the emotional and financial toll of their dispute;
• Often leads to significant behavioral changes;
• Often produces more positive, productive working relationships; and
• Assists in the resolution of conflicts that can destroy businesses, undermine productivity and ruin reputations.
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When Maritime Mediation is Preferable to Maritime Arbitration
Image courtesy of cbenjasuwan at freedigitalphotos.net
In a paper presented by Rodney Elden and Irene Ziebarth to the 8th International Conference of Maritime Arbitrators in Auckland, New Zealand (March 1-5, 1999), the authors lay out points to assist in determining if maritime mediation is preferable to maritime arbitration to resolve specific maritime disputes. The paper was entitled “Does Mediation Have a Place in International Maritime Disputes?” and discusses the general benefits of ADR practices for resolving disputes that arise in maritime environments and maritime-related business situations.
According to their article, factors that favor mediation to resolve maritime disputes include:
- The business relationship could continue or be resumed;
- It is desirable to be able to control the outcome of the dispute;
- The position of each side has merit, and arbitration could well result in either side prevailing;
- Arbitration preparations would be costly and protracted;
- A speedy resolution is important;
- The dispute raises highly technical or other complex factual or legal issues;
- The law on the determinative legal issues is well settled;
- An adverse precedent needs to be avoided;
- No further discovery is required, or limited discovery will suffice, for each side to assess its strengths and weaknesses;
- The case lends itself to settlement before an arbitration award is made;
- A presentation by each side of its best case will help promote a better understanding of the issues;
- A strong presentation will give one side or the other a more realistic attitude about the case;
- A mediator could help diffuse the emotion or hostility which may bar a settlement of the dispute;
- The evaluation of a neutral advisor could help break the stalemate;
- There is a potential for a runaway verdict based on sympathy with the plight of the other side; and
- Neither side really wants to arbitrate.
On the other hand, the authors state that there are certain factors that favor arbitration as a way to resolve maritime disputes, including:
- A vital corporate interest is involved;
- There is no bona fide dispute; the other side’s case is without merit;
- The advantages of delay run heavily in favor of one side;
- The case most probably can be settled in the near future through simple unassisted negotiation;
- The other side has no motivation to settle because of expectations of a large judgment or a highly emotional stake in being vindicated;
- More time must elapse before each side’s positions and the settlement possibilities can be evaluated;
In either case, the benefits of ADR to resolve maritime disputes are obvious.
Steven J. Gutter
