Mediation & Arbitration – Seacoast

Mediation & Arbitration

Mediation & Arbitration

Even REALTORS® who are committed to high standards of conduct occasionally have honest business disputes with other professionals, clients or customers. There is an ongoing need for efficient and economical mechanisms to resolve such disputes. Arbitration is valuable, but mediation is simpler and easier.

Why Use Arbitration

    • Moderate cost
    • Moderate delay
    • Win/lose/split
    • AdversVerdana
    • Result limited to monetary award
    • May damage relationships

Why Use Mediation?

    • Low or no cost
    • Little Delay
    • Win/win outcome
    • Collaborative
    • Maximum range of solutions
    • Improves relationships

Mediation & Process Overview

Mediation & Process Overview

What is mediation?
Arbitration and mediation are valuable in resolving business disputes. Both are private and neutral, with expertise. But for many, mediation is an attractive alternative to arbitration.

Why use mediation?

Little delay
Win/win outcome
Maximum range of solutions
Improves relationships

Voluntary/Private Process

· Parties decide to enter the mediation process.
· Parties can leave the mediation process at any time.
· Parties have complete control over the outcome.

• High speed
• Low or no cost
• Flexible
• Maintains/improves relationships
• Improves poor communication/clarifies misunderstandings, because parties come together and talk
• Discovers/addresses the true interests of parties
• Moves beyond different views of law/fact
• Allows creative solutions beyond win/lose
• Respect and civility are the ground rules
• Solution is just as binding and enforceable as arbitration

Parties agree to mediate.
• Mediator is selected/appointed by random rotation, mutual request, or objection to a proposed mediator.
• Arrangements are made via letter or telephone.
• Pre-mediation concerns are addressed.
• Date and time typically scheduled at the convenience of the parties within 30 days of the request for mediation.
• Witnesses and/or attorneys may attend, but this is not necessary because the process is non-adversarial; does not invoke findings of fact.
• Information is exchanged.
• Parties need not prepare exhibits or extensive documentation. If a document will clarify an issue it may be used, but parties are reminded that mediation is not a fact-finding conference.

Explain process/rules/goals, including voluntariness, neutrality, and confidentiality.

Mediation & Arbitration Request

Request for mediation or arbitration

If you would like to complete the request for mediation or arbitration, click the appropriate items below