Monday, December 22, 2008
Non- disclosure issues, buyer seller disputes, agent disputes, construction defects, landlord, tenant issues are all challenges that may arise in a dispute.
In the past, the first reaction was to file a law suit and the old saying is than in litigation, the "Attorneys" are the winners.
For those who enter the legal system it can be time consuming, it is costly and can be stressful.
There is an alternative, which may be quicker, less expensive, private, confidential and its called mediation.
All California Association of Realtors (CAR) forms call out that in a dispute "Mediation" is built in as the first alternative in a dispute.
Mediation is a process in which two or more people involved in a dispute come together to try to find a fair and workable solution. They accomplish this through a mediator or a neutral third party who is trained in conflict resolution.
The homeowners came together to remodel a home, however their partnership dissolved during the remodel and the financial stress and emotions of a breakup were a major challenge.
The non-disclosure of past plumbing problems and the future cost of repair for the new homeowners vs a lawsuit.
Easement issues that prevented a future building site.
The non-disclosure by agents that the home had dual pane windows and the new buyer discovered they were only single pane windows.
The above issues were mediated and settled quickly and without long term litigation.
Use of mediation in resolving disputes is supported by the California Association of Realtors, many California Courts have a ADR program that can guide the parties to assist in resolving the real estate dispute.
Hildreth offers dispute resolution that is both cost effective, confidential and private and offers his service to the Bay Area, Central Valley & Mother Lode.
Hildreth also serves on multiple Superior Courts as a civil mediator
Jim W Hildreth, Real Estate Mediator
Real Estate Mediation Services
control Over the Process and the Outcome:
In ADR, parties typically play a greater role in shaping both the process and its outcome. In ADR, parties have the opportunity to tell their side of the story just as they do at trial. Some ADR processes, such as mediation, allow the parties to fashion creative resolutions that may not be available in a trial. Other ADR processes, such as arbitration, allow the parties to choose a qualified person or
expert in a particular field to decide the dispute.