How to Prepare for a Successful Real Estate Mediation

Posted almost 5 years ago. Applies to California, 2 helpful votes

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1. Prepare your case.

o Identify what you hope to achieve at mediation. o Monetary Damage Claims o Prepare a Detailed Summary of Damages o Include Estimates, Invoices, Receipts and Cancelled o Checks o Other Claims o Bring Photographs and Reports o Be prepared to present your case in the presence of opposing parties o Tell them how this dispute has affected your life

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2. Evaluate available alternatives if mediation is unsuccessful.

o Arbitration or Litigation? o What will it cost? o How long will it take? o What is the risk of an unsuccessful outcome? o What is your exposure to pay the other parties cost and attorney's fees?

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3. Exchange information with other parties BEFORE mediation.

o Educate your opponent and your opponent's attorney. o Provide them with your list of claims and supporting information o Summary of Damages o Evidence of your expenses o Photographs o Citation to legal authority which supports your position o Provide a summary of the expected testimony of other witnesses and experts

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4. Identify what your opponent hopes to achieve at mediation.

o Acknowledge your opponents valid positions Do you owe your opponent anything? o Non-monetary consideration Low cost to you/High value to your opponent?

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5. You and your opponent are the decision makers - mediators facilitate the negotiation.

Remember, the mediator is a neutral 3rd party. Their goal is to find a satisfactory agreement between both parties.

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6. Are there other decision makers that need to be present at mediation?

Make sure everyone who needs to be at the session is available (i.e.: Spouses, brokers, managers, insurance adjusters).

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7. Are there other parties that need to be participants?

Sometimes it will be necessary to have an industry specialist involved in the mediation (i.e.: Agents, home inspectors, contractors, etc.).

Additional Resources

National Conflict Resolution Center

A San Diego Mediator

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