Real Estate Arbitration & Mediation

Almost any disagreement or dispute can be resolved using mediation or arbitration. Usually, the dispute will be resolved more quickly and at a lower cost than through litigation of any type. Read on to learn more.

When Are These Types of Resolution Not Appropriate?

If one party is alleging some type of criminal conduct, alternative dispute resolution options shouldn’t be used. If the dispute involves very complex issues of legality or property rights, it would probably be better to utilize attorneys and the legal process of litigation.

How Long Does It Take and What’s the Cost?

Generally, mediation and arbitration are conducted within a few months of the dispute arising. 

The parties usually split the cost and mediation will be charged at the mediator’s hourly rate. Arbitration can be charged hourly or on a daily fee basis, almost always resulting in much less cost than litigation.

Can an Attorney Accompany the Principals?

Any party to a mediation or arbitration proceeding can bring their attorney along. 

Is Arbitration Always Binding on the Parties?

Arbitration can be either binding or non-binding, as agreed to before proceedings begin.

Benefits of Arbitration to Solve Real Estate Disputes

One of the main benefits of arbitration is privacy. Disputes settled through arbitration will not be heard in a public court. This means any information disclosed during the proceeding is not available to the press or any outside parties. Another benefit is speed. Because the arbitration process is less formal than a court proceeding, disputes can be resolved much more quickly. Finally, arbitration is more likely to produce mutually beneficial results. Unlike a judge, an arbitrator is free to work out compromises that are not always possible within a strict reading of the law.

 

On the other hand, the two parties generally have only one opportunity to resolve the dispute in their favor. The one-shot aspect of arbitration can make it complicated and costly because both parties want to ensure they have the best attorneys and experts on their side.

Real Estate Expert Witness Services by Craig Cherney, Esc.

Craig Cherney is a trusted client advisor and a sought after real estate expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters.  Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate. 480-399-2342.