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Alternative Dispute Resolution

Dec. 15, 2012

Pre-mediation conversations expedite settlement process

With increasing frequency, lawyers call before a mediation is scheduled (or sometimes after it's on calendar) to ask for assistance or guidance.

Robert S. Mann

Neutral, ADR Services, Inc.

Email: rmann@adrservices.com

Robert mediates and arbitrates business, real estate and construction disputes.

A recent complex real estate non-disclosure/construction defect case highlights the benefits that can result from a "pre-mediation." In this multi-party case the buyer purchased an expensive home after extensive pre-purchase negotiation, inspections and repairs. When it rained for the first time after the purchase, water flooded into the house from multiple locations. The buyer eventually filed suit against the real estate brokers, home inspection company and the sellers. The parties decid...

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