REAL ESTATE ISSUE
GENERAL MEDIATION GUIDELINES
Signatories to the real estate contract:
Parties are reminded that generally only signatories to a real estate contract; or persons bearing a duly executed written delegation of direct and full authority to resolve the outstanding contract issue(s); or duly designated representatives, if any, are permitted to directly participate in mediated negotiations.
Third-party observers:
Requests for third party observers need to be made in advance and consented to by all parties, including the mediator. Non-signatory third-party individuals may be present during direct negotiations as silent observers only, subject to all parties’ approval, including the mediator. Third-party individuals such as “significant others” are generally limited to vocal participation only in individual party caucuses with the mediator and are not usually allowed to speak in direct mediated all-party negotiations.
Settlement Agreements:
Any settlement agreement reached in mediation should be rendered into a written agreement signed by all parties. Any such signed agreement as a result of the mediation process is generally considered to be a contract legally binding on the parties and is enforceable by any Court.
Mediated settlements of real estate contract issues, upon written execution, generally are considered to be an addendum or extension to the underlying original real estate contract and should be so titled and associated.
Disclosures:
All disclosures made during the mediation shall be treated as confidential, except that imminent or actual threats of harm to one’s self or others will be reported by the mediator to the appropriate authorities.
Exhibits:
Small exhibits, samples, photographs, invoices, estimates and written opinions of appropriate professionals can and should be brought to the mediation if you believe that such items will enhance your ability to explain your perspective on the issue(s) subject to the mediation.
Expert Testimony:
Expert testimony may be of some value to your ability to explain your perspective. Upon advance notice to the mediator and all other parties, experts may be brought to the mediation and their opinion orally presented to all parties. Such experts are normally excluded from all direct negotiation sessions; however, they may further participate in mediator caucuses with individual parties.
Transformative or Directive Mediation:
The mediator will ask the parties if they have a preference for a transformative or directive style of mediation. The transformative mediation approach maximizes emotional aspects and empowers the parties to decide collectively key steps in the progression of the mediation, reducing the active role of the mediator. Conversely the directive approach minimizes emotional aspects and empowers the mediator to totally guide and decide all key steps in the progression of the mediation. The mediator can, if desired by the parties, use both styles intermittently as appropriate.
