Although the majority of real estate transactions close without incident, there is a possibility that a problem or dispute could occur. When that happens, it is usually successfully resolved by the parties through normal communication and negotiation. In the past, when negotiations failed, parties took their case to court. Today, they are taking their disputes to mediation.

Mediation is a process in which disputing parties attempt to resolve their disagreements with the help of an impartial, trained neutral third party… the mediator. The mediator does not pass judgment or render legally binding decisions. The mediator’s function is to help the parties open communication, identify their differences and reach agreement on how to resolve them.

Mediation is a highly successful method of resolving disputes between parties and may be initiated at any time by agreement between the parties.  Sometimes mediation is required and other times it simply may be a useful tool used by the parties to efficiently, swiftly and affordably resolve a dispute.  Mediation is a non-adversarial and confidential process designed to encourage the parties to reach a mutually agreeable resolution to their dispute.

Almost any type of dispute between or among buyers, sellers, brokers and other parties to a real estate transaction can and should be mediated.  These include, among other common disputes, those related to earnest money deposits, cost of repairs where there is an allegation of a failure to disclose a known defect and claims for damages associated with a claim of misrepresentation about the condition of the property.