Mediation – Steps to Settlement
- A conflict arises involving some aspect of real estate, condominium or HOA law.
- Parties to the conflict, together with their counsel, choose mediation as an alternative to costly litigation and time-consuming court trial, which can be unpredictable.
- Parties select a neutral mediator and set a date for mediation. The parties share the cost of mediation.
- Parties and/or their counsel prepare a short summary outlining the issues in the dispute. This summary is usually less than ten (10) pages.
- The neutral mediates the dispute with all involved parties.
- At the conclusion of the mediation, settlement is often accomplished and an agreement is drafted. Unlike a court proceeding, the result is controlled, negotiated and agreed to by both parties.
- If settlement is not accomplished, our neutrals will make an effort to resolve the matter for an additional week at no cost to the parties.
Mediation V. Arbitration
Mediation is a voluntary, confidential process in which a neutral is invited or accepted by disputing parties to assist them in identifying and discussing issues of mutual concern, exploring various solutions, and developing a settlement mutually acceptable to the disputing parties.
Arbitration is a process in which a neutral, after hearing arguments and reviewing evidence, renders a binding decision.