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.