The mediation landscape has changed for single-family residential real estate disputes. In the recently decided case of Frei v Davey (Dec. 17, 2004) 2004 DJDAR 15051, a prevailing party was denied recovery of any of the more than $120,000 incurred to defeat a plaintiff’s action for specific performance and to cause the Buyer’s lis pendens to be removed. The prospective defendant seller and plaintiff buyer had entered into a standard CAR Residential Real Estate contract for the sale of the defendant’s home.
Read more »How to Use Mediation To Restore Business Judgment To Business Disputes
Business executives are supposed to be creatures of logic, carefully weighing costs and benefits. Yet some mediations fail even when there are several sensible alternatives, any of which would offer the disputants as good or a better a result than each of them would expect from other likely outcomes of the dispute.
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