While we have discussed going to trial and fighting to preserve your personal property rights in any legal dispute, we haven’t spent as much time exploring mediation, an alternative route that carries significant benefits 30over litigation. In fact, many of the cases that we work with are resolved via mediation as we work to secure a favorable outcome for our clients.
For this post, we’ve decided to provide a general overview of how mediation involving real estate works in CA. As always, keep in mind that the information contained in this page is general in nature. For customized legal advice pertaining to your situation and needs, don’t hesitate to contact the attorneys at DiJulio Law Group for personalized help.
How the Real Estate Mediation Process Works
Although the process is not always the exact same, there are a few steps that are usually involved in your typical mediation. This is a legal process that is more informal in nature, allowing both parties some flexibility into how things should proceed.
At any rate, the process begins with all involved parties coming together to meet along with a mediator, the neutral third party who is in charge of steering the discussion towards a resolution. An opening session is conducted where each side gets a chance to bring up his/her points and respond to one another (either directly or via legal counsel).
After this, the mediator will typically meet with each party separately in order to learn more about their position at length. He/she will then use this information to propose a resolution. The manner upon which the settlement terms are calculated varies from situation to situation and mediator to mediator, and can include a lengthy back-and-forth where parties counter with added or modified terms. Neither party is obligated to agree to any of the proposed offers.
Finally, if a settlement is reached, the parties can choose to fill in the details and seal the deal now, or establish an outline of the general terms, one that can be hashed out in greater detail later. If an agreement is not reached, the chance for a mutually-reached resolution is wiped out and both parties proceed with litigation.
Talk to a Real Estate Law Attorney in CA
Mediation is a great way for you to preserve your personal property rights while saving your time and money. However, your chances of success can be greatly diminished if you don’t have qualified legal representation on your side.
Want to learn more about real estate mediation and property rights in CA? If so, remember that the skilled attorneys at DiJulio Law Group are here to help. Call us today at (818) 502-1700 to learn more about what we do.