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Mediation & Arbitration
Los Angeles Partition Attorneys Serving All of Southern California
Solving a Real Estate Dispute can take a lot of forms. Everything from a Demand Letter and a Lawsuit to Private Mediation, Arbitration, or Mandatory Settlement Conference.
Managing Partner, Josué Guerrero has participated in over 150+ Mediations and Arbitrations before the AAA (American Arbitrator’s Association), JAMS (Judicial Arbitration and Mediation Services, Inc.), CAR Mediation (through the California Associate of Realtors), ADR (Alternative Dispute Resolution), and many others.
Because Greenacre Law is exclusively a Real Estate Law Firm that handles Real Estate disputes, we are in a position to educate the Mediator or Arbitrator on the applicable law at issue.
The most common types of mediation and arbitration include:
- Resolution of Non-Disclosure Disputes in Real Estate Transactions
- Resolution of Construction Defect claims
- Resolution of Real Estate Litigation through Mandatory and Voluntary Settlement Conferences
Mediation vs. Arbitration
Mediation is the process where both sides attempt to reach a voluntary settlement. This usually requires both sides to participate separately with their Real Estate Attorney and communicate offers and counteroffers through an impartial third-party known as a Mediator. The advantage of mediation is that it often results in a settlement and can save tens of thousands on attorneys’ fees for both sides, buy only if both sides agree!
Beware! Mediation is by far one of the most economical dispute resolution systems available but negotiating in a Mediation is an advanced and particular specialty that many individuals and businesses are ill-equipped to handle on their own.
Arbitration, on the other hand, is like a mini private trial. Both sides conduct written discovery, take depositions, and present evidence and testimony before an Arbitrator. Unlike Mediation, the parties do not need to agree on the outcome. Instead, the Arbitrator issues an Arbitration Award that can have the full force and effect of a judgment.
While much less expensive than a trial – Arbitration still has its complications. Arbitrators are less scrutinized or subject to judicial review than judges, meaning that sometimes arbitrary or inconsistent rulings are possible. To prevent this, it’s important to have solid representation throughout the process because once the Arbitrator issues its findings, overturning those findings is a rare and difficult occurrence.
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