Mediation Excellence Expertise
Mediation excellence in real estate is the process by which a professionally recognized third party mediator helps buyers, sellers and investors in conflict to negotiate a mutually satisfactory agreement. At ARENCORES we believe that collaborative dialogue, critical thinking, demonstrating respect for all parties with differing views, will ensure the source of the conflict is articulated, defined and eventually resolved in an efficient way.
Achieve Fair Resolution
The majority of real estate transactions are centered on the concept of real estate market value. However, many commercial disputes involve misunderstandings or the effect of unforeseen risks and circumstances behind this value. When uncertainty arises, ARENCORES can assist across a wide range of scenarios in real estate disputes and establish a common ground that is respectful of all the parties involved.
Inspection issues, costs for repairs, and claims of misrepresentation about the condition of the property, appliances or fixtures are all realistic paradigms of situations where mediation services could be performed as a very promising and effective solution for the parties involved.
ARENCORES mediation excellence services can be used by any of the parties to a real estate transaction such as sellers, buyers, brokers, builders, home inspectors, stakeholders, etc. ARENCORES’ Mediation Excellence Procedural Guidelines have been established to insure uniformity, transparency, commitment and consistency in the procedures of a real estate contract.
At ARENCORES we believe that mediation is less adversarial than arbitration or litigation. Arbitration and litigation are the alternative methodologies in an attempt to resolve major disputes between the parties and result in win-lose decisions. Mediation, on the other hand, focuses on a constructive agreement between the parties and results in a win-win decision and agreed on by the parties themselves.
How long does it take and what is the cost?
Generally, mediation takes about thirty to sixty days from beginning to end. For our mediation services, there are usually just a few hours involved to achieve mutual agreement or decide that the dispute must escalate. However, the alternative solution of arbitration can be a bit more lengthy. The parties involved usually split the associated costs and mediation will be charged at hourly rate or on a daily fee basis, almost always resulting in much less cost than litigation that will inevitably be costly, time consuming and destructive of any business relationship.
Parties who decide to proceed to our mediation services should be aware of our Mediation Excellence Procedural Guidelines and in addition should sign a written Agreement with our firm. Parties can sign this agreement as part of a real estate contract either before or after a dispute arises.
We bridge gaps and move forward by identifying common ground and developing mutual respect for buyers, sellers and investors.
Can an Attorney accompany on behalf of a client?
Any party to a mediation or arbitration proceeding can bring their attorney along. It is frequently not done in the simpler disputes, as it increases significantly the costs while the parties can reach an agreement without representation. Parties should consult an attorney if they have questions or concerns about mediation or the ARENCORES’s mediation service.
When mediation is not an appropriate method?
To determine if mediation is an appropriate method of dispute resolution between the parties involved in a real estate contract, you must understand how mediation methodologies operate. Finding an amicable solution is sometimes more complicated than the process itself. A mediator helps the parties to outline their desired resolutions to a disagreement. Mediators cannot force parties to provide critical information that may be necessary to make a win-win decision. As a result, mediation may not be appropriate in all real estate contract circumstances. Mediation is not the best method of dispute resolution unless all the parties involved are willing to be reasonable, honest and helpful throughout the process in order to reach a compromise solution.
Do you want to lease or sell your property?
Do you wish to buy a property or land?
Do you want to learn more about ARENCORES real estate services?