Buyer,
Seller Dispute Mediation
A Member Benefit
This
program has been designed to implement the mediation clause
presently in Colorado real estate contracts, including: disputes
over earnest money deposits; condition of property and repair
conflicts; and Builder/REALTOR disputes.
From
Conflict...to Resolution
JCAR Real Estate Mediation Program
An alternative for resolving real estate transaction disputes
What
is Mediation?
Mediation
is a process of resolving disputes in which an impartial,
trained, third party-the Mediator - helps people in disagreement
negotiate a mutually acceptable solution.
Why Mediate?
There are several benefits to using mediation rather than
litigation:
• Less Expensive
• More Timely
• Confidential
• Greater Flexibility - You maintain control of the process
• Preservation of Relationships
What Kinds of Situation are Appropriate
for Mediation?
Mediation can be helpful in resolving almost any dispute arising
out of a real estate transaction, including:
• Disputes over Earnest Money Deposits
• Condition of Property & Repair Conflicts
• Builder/REALTOR Disputes
Mediation-Arbitration Option
Mediation-Arbitration (med-arb) combines the processes of
mediation and arbitration, utilizing one person to serve in
both roles. If resolution is not reached through mediation,
the med-arbiter is empowered by the parties to make a binding
decision. This option is available to all parties.
How Much Does the Program Cost?
Mediation can save you thousands of dollars over litigation.
The fees are $140 per hour plus a one-time $30 administrative
fee.
The mediation process generally takes two to four hours to
complete, and the cost is usually shared equally between the
two parties.
The
JCAR Real Estate Mediation Program
The JCAR Real Estate Mediation Program has been designed to
implement the mediation clause presently in Colorado real
estate contracts.
Parties to the mediation have the right to be represented
by counsel, however attorneys are not required to participate
in the mediation process. Parties should consult an attorney
if they have any questions or concerns about mediation. The
mediator does not give legal advice.
When the disputing parties have reached and agreed upon a
mutually acceptable solution, they sign a written agreement
outlining the terms of the settlement. Once the agreement
is signed, parties are legally bound to abide by its terms.
If the parties cannot reach a mutually agreeable settlement
they are free to arbitrate or litigate their dispute.
Getting Started...
To begin the mediation process, contact JCAR, 303-233-7831,
or complete the Mediation Intake Form below and fax it to
303-233-7898.
Qualified Mediator
The Offices of Sally K. Ortner are a full-service mediation
firm established to help businesses and individuals develop
agreements, make decisions and solve problems.
Sally K. Ortner is an experienced attorney, mediator and arbitrator.
She has been practicing law since 1979 and mediating since
1983. The emphasis of her legal practice is real estate law.
She has successfully mediated numerous real estate disputes.
Mediation
Intake Form
