Mediation is an informal meeting between the parties to a dispute, their attorneys, and a mediator. The mediator is a neutral third-party who does not make any decisions on the case but rather helps to encourage the parties to find a resolution that avoids the time, cost, and uncertainty of going to trial. Court often require mediation prior to trial, but mediation can also be used before litigation is filed.
Recognizing the value of mediation, the Kansas City Regional Association of Realtors has added a mandatory mediation clause to their standard real estate contract that is used by many realtors in the Kansas City Metro Area. This clause states that prior to filing suit, the parties agree to participate in a mediation. The parties are free to choose any mutually acceptable mediator and the costs are generally split between the parties.
Although there is some specialization within the industry, many mediators are general practice mediators who handle a wide variety of matters. Therefore, while they may be very skilled as a mediator, they may lack knowledge of the specific legal standards applied to real estate disputes. As my practice focused entirely on real estate related disputes, I am able to quickly hone in on the relevant issues in the case and help the parties understand the various risks and potential outcomes of proceeding to trial. As a result, the conversations during the mediation are more focused and the parties are able to work collaboratively to come to a solution on the matter.
If you are interested in learning more about our mediation services, you can give us a call at 913-210-1847. Additionally, click here to reserve a time online for your mediation.