Overview · Services · Protocol & Rules · Fee Schedule · Preliminary Inquiry · Formal Application · Standard Clauses Disputant parties select the resolution process(es) to be used. The most common types of alternative dispute resolution are mediation and arbitration. Mediation permits creative solutions, and is usually quick and inexpensive. It is a facilitated, non-binding negotiation conducted by a neutral third party. The process, voluntary and confidential, begins with an opening joint session in which each party presents its views. Afterward, the mediator conducts "shuttle diplomacy," meeting with each party privately to help identify points of commonality on which to base a solution. Finally, the mediator writes an agreement, which, when signed by both parties, ends the dispute. Arbitration is a binding process and is usually conducted without the opportunity for appeal. In an arbitration, the disputing parties select one to three neutral arbitrators who conduct formal, confidential hearings. While the process sometimes includes legal counsel, it is faster and less expensive than court proceedings and allows greater latitude in the admissibility of evidence. After the hearings, the arbitrators reach a decision, binding to both parties, which may be entered as a court order. Mediation-arbitration may occur if a mediation is unsuccessful. The disputant parties may then proceed to arbitration. Appraisal proceedings are conducted as a tripartite procedure. In this process, each party to the dispute selects an appraiser, who then chooses a third appraiser. Together, the three appraisers make a determination, which may be based on reviewing the relevant documents rather than conducting a hearing. Print Friendly Email This Page For more information contact The Counselors of Real Estate.

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