Mediation can be used to settle several different kinds of legal matters between parties. For many, working with an experienced mediator can be a productive way to reach an agreement without having to resort to a courtroom battle. However, not all real estate disagreements are created equally, and some may or may not be appropriate for mediation. If you have a legal issue, you will want to know: Should I mediate my real estate dispute?
Mediation May Be Mandatory
According to the Arizona Bar Association website, several Arizona courts require mediation of small claims lawsuits before a judge will hear the matter. Additionally, Arizona law requires mandatory arbitration of certain cases unless the court waives this requirement. You and the other party may go to mediation before taking the matter before a court. Additionally, many courts prefer that parties attempt mediation before proceeding to trial or arbitration.
Real Estate Mediation Should Involve Knowledgeable Professionals
Mediation involves two parties working with a neutral mediator who has training and experience with the subject matter of the case. In Arizona, mediators are not regulated by state law. However, there is a state statute that requires confidentiality of the process. Anyone can be a mediator, but a real estate mediator should be well-versed in the area of the dispute. Often, mediators are real estate professionals or attorneys who have experience litigating or dealing with the type of case involved.
Real Estate Mediation Requires Negotiation
It may seem self-evident, but going into a mediation requires both parties to be at least somewhat willing to negotiate. If one or both sides are unyielding in their position, it probably won’t be a successful process. Today, most cases settle outside of court. Mediation can be an opportunity to work with an experienced, neutral negotiator who is there to help you and the other party reach a resolution and avoid the burden and expense of going to court. Depending on your case and position, mediation may be a useful way to end your disagreement and move on.
Some Cases are Too Complicated for Mediation
Arizona real estate cases can range anywhere from neighbors disagreeing about where a fence line should be, to commercial lease violations and title disputes. Some issues can be resolved relatively quickly, while others need to be evaluated through the lens of a judicial process. One of the best ways to determine if you should consider real estate mediation for your Arizona dispute is by consulting with an experienced real estate attorney. Your counsel can help you assess your issue, explain the pros and cons of mediation, and assist you in deciding your best course of action.
Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who has the expertise to help with all of your real estate needs. If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona, and throughout the State of Arizona, contact Laura B. Bramnick to schedule your consultation.