How does real estate mediation work?

On Behalf of | Aug 21, 2020 | Real Estate Law |

In any legal situation involving civil law, you often have options for how you wish to settle things. You can go into the courtroom and have a judge hear your case, but you can also choose alternative dispute resolution options. 

One common choice is to undergo mediation. Mediation involves working together with the help of a neutral third party to reach a resolution. It allows you to have more control over the situation. Mediation is helpful in many areas of law, including real estate. 

Mediation and real estate

According to the National Association of Realtors, you have the option to settle real estate disputes of any kind through the mediation process. It can enable you to deescalate the situation while also working towards a confidential solution. Mediation is also typically cheaper than litigation. 

The mediation process

If you choose to undergo mediation, you will have a chance to prepare prior to your first meeting. At the first meeting, the mediator, you and the other party will get a chance to say your opening statements. 

The mediator’s opening statements will generally talk about the process and what to expect. He or she will lay out the rules and expectations. 

Your opening statement and that of the other party is your opportunity to state your case and explain why you are in mediation. You can also ask questions and use this time to gather additional information to make your case. 

After opening statements, you will work to identify the main issues at hand. The mediator will use those issues to create an agenda, which allows you to work through each issue on its own. 

You will then go through the cross-talk stage where you can begin negotiating and exploring solutions. After this, you may have a caucus where you clarify your needs if the mediator feels the negotiations are stalling. 

The final step is to create an agreement. If you cannot do this, then you may decide to head into litigation.