Disputes occur at many stages of real estate transactions including acquisition, funding, development, capitalization, and the distribution of profits, proceeds, losses, and liabilities. These disputes may lead to long term delay, decreased ROI, and lost opportunity.
Litigation can magnify these adverse consequences. Moreover, Judges have little flexibility in fashioning remedies and are usually limited to the categorical determination of liability. In contrast, the fundamental purpose of mediation is to encourage communication between principals to explore and develop solutions that are forward looking, rather than simply apportioning blame.
Litigation can be especially destructive in Estate matters. There may be latent strife that was never addressed but surfaces after the death of a loved one, leading to unexpected, intense conflict. Our experience has shown that mediation can be successful, even where hostility is intense, in resolving estate disputes.