Real Estate Dispute Mediations California
Many real estate disputes, especially cases involving the California Association of Realtors forms, require mediation before you can file a lawsuit. And, nearly every case that proceeds to trial ultimately ends up in mediation along the long road to trial. This is true because judges routinely ask the parties to mediate their disputes before having the matter go to trial. Mediation is a good thing.
Schorr Law's practice real estate attorneys in Los Angeles are experienced real estate mediators. Attorney and mediator Zachary D. Schorr has participated in over 200+ mediations, settlement conferences, and mandatory settlement conferences.
Schorr Law is different from other mediation services because we only mediate one type of dispute - real estate. That means that less time will be spent getting the mediator up to speed on the real estate claim, and more time can be spent focusing on resolving the matter.
We have experience mediating real estate disputes including: quiet title, partition, adverse possession, equitable easements, prescriptive easements, encroachments, trespass, nuisance, eminent domain, title disputes, insurance coverage of title disputes, purchase and sale disputes, specific performance, commercial leasing disputes, reciprocal easements, construction disputes, ownership disputes, and many more.
For lot line and neighbor disputes we like to conduct our mediation at the location of the dispute. This allows a “hands-on” approach that often puts the issue into perspective for all parties.
What is Mediation?
When Do Parties Usually Mediate?
Most of parties mediate after a party initiates a court action and several months have passed. Usually the court, at the case management conference, will strongly encourage the parties to engage in mediation before a date certain. In real estate cases involving the California Association of Realtors forms, the mediation is required to take place before either party initiates a court action or arbitration in order to preserve their right to seek prevailing party attorney fees at the conclusion of the action.
When to Mediate and When to Arbitrate
Mediation is a voluntary process where the parties seek the help of a third party to try to settle their case. If the parties cannot come to an agreement then the mediation ends and nothing binding or bad comes from the mediation. Most cases should be mediated early in the case to save time and money trying to resolve the dispute as opposed to dealing with ongoing litigation. Unlike mediation, arbitration is a process that results in a binding result. Arbitration is akin to a substitute for a court trial, where the retired judge or attorney acts very much like a judge would and rules on the merits of the case. Unlike court, however, in arbitration there is a very limited right to appeal and the rules of evidence are relaxed. Arbitration very much results in a binding result regardless of the parties’ agreement or lack thereof. Determining whether you should arbitrate is a decision that needs to be made right after mediation. The decision is dependent upon the contract at issue as well as the parties feeling about allowing a retired judge decide the matter without a real right to appeal an eventual ruling that could be wrong on the law and facts.
What Does Mediation Look Like?
Mediation usually takes place in a large office with several conference rooms. The disputing parties usually do not see each other during the day but instead enjoy their own conference room where the mediator comes in and out while the mediator shuttles back and forth between the parties who remain in their respective conference room. Mediation tends a comfortable place to try to resolve a dispute.