- August 16, 2023
- Posted by: Christopher Hanson
- Categories: Mediation - Impasses, Real Estate
When a real estate lawyer is considering a mediator for a dispute, they typically look for mediators with the following three characteristics:
1. Expertise in real estate: A mediator with a strong understanding of real estate law and the intricacies of the industry is highly valuable. Someone who possesses knowledge of relevant statutes, regulations, and case law specific to real estate matters. This expertise allows the mediator to effectively guide the parties towards a resolution and address any legal complexities that may arise, without the need to be “educated” on the general law of the topic.
2. Neutrality and impartiality: It is crucial for a mediator to remain neutral and impartial throughout the mediation process. Real estate lawyers seek mediators who can approach the dispute objectively and without bias towards any party involved. That typically requires Subject Matter Expertise and Experience. A long history of it. Neutrality ensures that the mediator facilitates an environment of trust and fairness, allowing both sides to feel heard and respected.
That’s where many JAMS and ADR retired judges fail. Most are too used to giving “orders” or don’t have a past focus on real estate matters.
3. Strong communication and negotiation skills: Effective communication and negotiation skills are essential for a mediator to guide the parties towards a mutually agreeable solution. A skilled mediator can foster open dialogue, actively listen to each party’s concerns, and facilitate constructive conversations. They should also possess the ability to help the parties explore various options and find common ground while navigating any conflicts that may arise.
By considering these characteristics, a real estate lawyer can select a mediator who is well-equipped to handle the specific complexities and dynamics of a real estate dispute, and who can effectively facilitate a successful resolution process.
Say, someone like a retired real estate trial lawyer/broker, with 44+ years’ of experience in California?
Mediation and Expert Witness services in California.