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Colorado Mediator Helping Clients Resolve Real Estate Disputes
As real estate mediators, we assist businesses and individuals to avoid the distraction of litigation and resolve Colorado real estate disputes. Acting as the mediator, we can participate virtually, travel to your office, or host the mediation in our Cherry Creek Denver office.
Real estate transactions are unique opportunities. They are the outcome of negotiations between tenants and landlords, owners and sellers, and real estate business partners. Construction and development of real estate involve layers of transactional negotiations – from purchase of land, retention of design professionals and completion of finished work through general contractors and subcontractor agreements. Successful mediation of real estate disputes can unlock opportunities for both parties. By resolving disagreements and eliminating costly delays, projects move forward as planned. For parties already deeply entrenched in a dispute or litigation, real estate mediation can bring a conclusion to a stressful and costly process without further court intervention.
As attorneys successful in handling the full spectrum of real estate issues and resolving disputes, our experience as a real estate mediator is assisted and can help parties toward a facilitated resolution of their disputes involving real estate before trial or even before litigation has commenced.
Real Estate Mediator’s View of the Process and Variety of Issues
Mediation of real estate disputes, like other forms of mediation, is a confidential process. It can help the parties understand the basis of the other side’s position and explore the strengths and weaknesses of their own. Outcomes of successful real estate mediation can take several forms:
- Preserving a failing real estate deal
- Clarifying disputed commercial lease terms
- Avoiding litigation or court intervention
- Resolving claims of misrepresentation or nondisclosure
- Settlement of real estate breach of contract claims
- Clarifying title, boundary, easement or other forms of dispute
- Mediation of real estate broker – client relationships and claims of broker negligence
- Co-owner disputes and partition actions
A mediator’s job in a real estate matter often involves understanding complex positions of the parties, a history of negotiations and how disputes arose, and the unique aspects of real estate that may motivate the parties to a real estate dispute differently.
Commercial Real Estate Mediation
A commercial real estate dispute often addresses an ongoing or disputed contractual relationship between the parties. Mediation of a commercial lease dispute can restore, clarify and settle an ongoing landlord-tenant relationship. If matters related to a commercial lease are already in court or headed to court, resolution often involves complex issues of restoring a tenancy or termination of a business lease. Commercial real estate contract disputes in sale of real estate may occur pre- or post-closing, or relate to the termination of a contract. The results of commercial real estate mediation are often business-related benefits: avoidance of the expense of litigation, control over the negotiation process, restoration of trust and clarity in an ongoing commercial relationship, or revision of terms and real estate provisions. A mediator with experience with complex real estate litigation and how those issues tend to play out in court can bring key insight in helping facilitate a negotiation and successful conclusion to a real estate mediation.
Timing of Real Estate Mediation in Colorado
The mandatory real estate mediation required under the Colorado real estate transactional forms typically must be handled within 30 days of notice by one party. Colorado real estate brokers must use these standard transactional forms for the purchase and sale of residential and commercial real estate. Finding a Colorado real estate mediator capable of handling mediation timely and effectively is critical to fulfillment of the parties’ obligations under these form Colorado real estate contracts.
Earnest Money Dispute Mediation
Earnest money – or the amount paid by a party to secure a contract and demonstrate good faith – is subject to deposit agreements with brokers and title companies. Release of earnest money is often contested when the termination of a real estate contract is disputed. Mediation of earnest money disputes is one of the most efficient and cost-effective ways to resolve the underlying matter. Earnest money disputes of $25,000 or less often must be resolved through mediation as either party could consume the disputed amount of earnest money in attorney fees if it is not. Earnest money disputes over $25,000 often involve either significant residential real estate or a commercial land purchase. Commercial earnest money disputes can involve hundreds of thousands of dollars and disputes often involve significant allegations of breach by both the Buyer and Seller. The complexity of commercial earnest money disputes require the parties to bring a knowledgeable and experienced real estate attorney-mediator to the negotiating table.
Scheduling Colorado Real Estate Mediator
Mallon Lonnquist Morris Watrous, PLLC mediates real estate disputes through real estate lawyer Reed Morris. Reed Morris and Craig Watrous also represent parties in real estate mediations in their regular real estate and real estate dispute practices. Please contact our office to discuss meeting, scheduling of a real estate mediation or representation in real estate meditations.