With litigation in the courts becoming expensive and backlogged, alternative forms of dispute resolution have become increasingly popular. The most common forms are mediation and arbitration. Our legal team at Schern Richardson Finter is experienced in representing clients using these procedures to resolve their real estate disputes. For help with mediation or arbitration you may contact a real estate lawyer in Phoenix.
This is a non-binding form of dispute resolution. The mediator impartially seeks to get the two parties to agree on a mutually acceptable resolution of the matter. If no agreement is reached, the parties are still free to pursue legal remedies in the courts.
In arbitration there is a winner and a loser. The arbitrator listens to both sides of the matter and then reaches a decision. The arbitration may be non-binding or binding. If non-binding, the parties may continue the lawsuit in the courts but at least the parties have a better view of the strength of their positions. This may lead to settlement. If the arbitration is binding, the arbitrator's decision is final with no appeal.
With arbitration's popularity, many sellers and buyers include arbitration clauses in their real estate contacts. Should a disagreement later arise, the parties agree on an arbitrator and the rules of evidence to follow. There can be normal discovery actions or the parties may agree on a less formal procedure. The same is true of the rules of evidence in the hearing. The arbitrator, often a retired judge, will hear the arguments and make a decision.
Our firm is very experienced in mediation and arbitration proceedings. Our attorneys are willing to serve as mediators or arbitrators. We are also willing to serve as an advocate for parties involved in the mediation or arbitration process.
Contact Phoenix Real Estate Lawyer at the firm for competent help with mediation or arbitration procedures.
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