How Does Real Estate Mediation Work?
Real estate disputes are frustrating for all parties involved. Usually, when a seller and buyer come to an agreement, the deal goes through without any issues. However, every once in a while something comes up that causes problems. Oftentimes, this happens when the buyer wants to cancel the deal but the seller wants them to follow through.
If you’re considering suing somebody over a real estate dispute, know that it can be expensive and time-consuming. A better option may be mediation. Real estate mediation is a way to settle disagreements with the assistance of a neutral outsider.
If you’re looking for a mediator in Port Charlotte, don’t just choose anyone who pops up when you search “mediators near me.” Instead, read on to learn about real estate mediation in Port Charlotte so that you can make an informed decision.
What Is Real Estate Mediation?
Mediation is a cheaper and quicker method of resolving conflicts than going to court. It’s a form of alternative dispute resolution (ADR), along with arbitration. When both parties in a real estate contract cannot come to an agreement, mediation can be helpful.
A mediator does not have the authority to determine who is right or wrong in a dispute like an arbitrator does. Instead, a mediator’s responsibility is to motivate all sides involved to think of resolutions that would be beneficial for everyone. This usually results in some form of compromise from all parties.
Mediation is a common way to resolve disputes, but if both parties cannot come to an agreement, they may take their case to court. Mediators are individuals who have gone through specific training and certification in order to be able to help resolve court cases.
Common Real Estate Disputes
Mediation can be extremely helpful for many different types of real estate disputes, such as:
- Breaching contract terms
- The desire not to close a deal despite having a binding contract
- Sellers not disclosing defects or assessments they know about to the buyer
- Sellers taking items out of the home that were supposed to remain, per the contract.
As an example, a real estate dispute between a buyer and seller could involve a significant sum of money that the buyer put down as a deposit. If the Seller doesn’t release this deposit, it would cause great financial strain on the buyer’s part.
How Does Real Estate Mediation Work?
Real estate mediation follows these steps:
- The mediator explains the process and their role to all parties in one meeting, emphasizing that it is up to the involved individuals to come to a resolution.
- Usually, when people are trying to resolve a conflict through mediation, each side is in their own room with the mediator going back and forth. The mediator starts by having each party talk about what happened and what they want to happen.
- The mediator keeps information discussed by each party strictly confidential.
A mediation session ends in one of three ways:
- With the help of a mediator, those involved in the real estate dispute come to an agreement on how to resolve the issues. This solution is put into writing through a signed agreement.
- The mediator ends the session for the day so that the parties can continue their mediation at another time and come to a resolution.
- The parties began mediation with the hope of resolving their differences, but if an agreement could not be reached, litigation would be the next step.