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Updated on July 28, 2017
In California, most buyers and sellers of residential and multifamily real estate use the California Association of Realtor’s standardized purchase and sale agreements and accompanying deal documents. While these forms can be customized, many of the typewritten (boilerplate) terms rarely change. One such term is the mediation provision. The mediation provision requires the parties to participate in mediation before filing a lawsuit. If a party fails to participate in mediation prior to filing or defending a lawsuit, then that party will be barred from recovering their prevailing party attorneys’ fees (being reimbursed their attorneys’ fees spent in the litigation or arbitration) in the event they win the whole case.
Mediation can be thought of as a settlement conference. Here are 5 important things to know about mediation:
Schorr Law’s lead attorney, Zachary Schorr, has participated in hundreds of mediations and knows how to effectively steer parties towards resolving their dispute. Schorr Law offers representation in mediation and mediation services itself where we use our highly specialized knowledge to help third parties resolve their disputes. For more information, contact us today.
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