Because reasonable individuals can always craft
a better solution than one imposed on them by a Court.
Sometimes conflict arise from real estate transactions. Mediation is a process where the parties have the opportunity to express their feelings and facts in a safe and confidential environment. Doug Barber, the mediator, is a facilitator who assists the parties in exploring options for resolution without taking sides. The parties determine the outcome, rather than having it imposed on them by a judge, jury or arbiter. Mediation is a satisfying and cost effective method of conflict resolution.
For most cases, the fee for mediation is $175.00 per party, plus out-of-pocket costs, if any (usually none). The parties can agree to a different payment division if they wish, as part of any settlement. Payment is due at or before the time of mediation (cash, check or PayPal, please).
If the parties reach an agreement that they can live with, the mediator will prepare a written memorandum of understanding, if the parties wish. They can have their legal counsel review it prior to signature, after which that becomes a binding agreement between them. If no agreement is reached, the parties can roll the dice in Court (always hard to know who may prevail there, even if the facts are on your side!), and let someone else decide what their fate will be. At that point, the parties will also be dealing with attorney fees and court costs, so the potential financial exposure may be much greater than the initial amount at dispute.
Mediation sessions are typically about 2-3 hours and are usually held at The Rawhide Company offices located in the northeast quadrant of Interstate 25 and Woodmen Road, directly across Campus Drive from Ent Federal Credit Union. If the parties have documents that they would like the mediator to review prior to our meeting, they can be emailed to Doug.
The parties’ real estate brokers and attorneys are not required for the mediation session; but the parties may bring any relevant advisor they feel will be helpful in resolving the matter. However, the best chance of reaching a settlement is when the parties are actively involved in the dialogue and settlement process. The parties should come with an open mind, and at least consider the idea of compromise. Compromise DOES NOT mean that admission of guilt or wrongdoing, or admission that the other party has a valid position. Sometimes, it is simply a business decision to avoid the hassle and expense of litigation, and to be done with the dispute so the parties can move on with their lives.