Mediation

The California RPA requires mediation of any disputes involving a purchase or sale of residential real property in paragraph 27 of the RPA even if the parties agree to arbitration. Failure to mediate before litigating or arbitrating the dispute could result in forfeiture of your right to an award of attorneys fees even if you are the prevailing party. Our firm mediates purchase and sales agreement disputes, broker commissions, property valuation, title defects, liens and TDA non disclosure disputes.

Mediation of an alleged failure to disclose facts in the sale of a home starts with the parties providing a clear chronology and documents that support their position. The attorneys for each party will submit these documents and briefs to Mayo & Mayo in advance of the actual mediation date.

Contract and lease disputes are often heard by the Judge in a special real property department at the court such as Department 501 of the San Francisco Superior Court and must be calendared with the Court. https://sfsuperiorcourt.org Extensive and expensive pleading wars may slow the process even more including demurrers, motions to strike and motions to compel discovery responses. Each side will propound questions and demands for documents to the other side. Depositions may be noticed (with a full day or more of attorneys fees and reporter fees in addition to your time at the deposition and to prepare for deposition). Contrast this litigation scenario with the less time-consuming preparation of a mediation brief and document exhibits for a half day or full day mediation.

In a neighbor dispute, the parties are asked to prioritize what is most important to the enjoyment of their home and land. We have expertise in land use, easements, boundary disputes and deed restriction disputes. Similar to a domestic dispute, the dispute itself may add more ill feelings that enlarge the dispute over time. Neighbor disputes are one example of a dispute that is better resolved using a mediator before more time and legal fees are spent with adversarial litigation.

Mayo & Mayo has successfully mediated many HOA disputes. Mediation is generally required before a homeowner can file a lawsuit against an HOA. HOA issues such as assessments, structural changes, maintenance, repairs and harassment can be resolved in mediation with less damage to relationships than litigation would cause. The dispute can be resolved more quickly in mediation because there is no accelerated scheduling in the courts for HOA disputes.

It is unlikely that the Judge will award real property owned by 2 or more people to one person unless the parties agree to a buy-out. What is more likely is that the Judge will order a special receiver who will hire his or her own attorney (think 2 more fees in addition to the attorney you have already hired) to hire a realtor to sell the property. After the fees and costs are paid the net proceeds will be paid to the property owners. You will not have any control over the sales process and you will continue to pay attorneys fees until the Judge issues the court order for partition. Using Mayo & Mayo as the mediator, the parties can control the outcome by agreeing to the manner and process for the sale of the property – perhaps to one of the current owners or working out a plan in the mediation for a sale on the MLS without the need for a court-orderd Receiver.

Beneficiary disputes with the trustee or executor can significantly delay the distribution of the assets of an estate of a decedent to the beneficiaries.

Both the Trust and the beneficiaries save time, money and aggravation mediating problems with the Trust administration.

The legal fees for the executor and the trustee are paid by estate. However, the legal fees for the beneficiary are generally paid by the individual beneficiary and not by the probate or trust estate. The parties can agree on the way the mediator’s fees are split.

Beneficiary disputes with the trustee or executor can significantly delay the distribution of the assets of an estate of a decedent to the beneficiaries.

Both the Trust and the beneficiaries save time, money and aggravation mediating problems with the Trust administration.

The legal fees for the executor and the trustee are paid by estate. However, the legal fees for the beneficiary are generally paid by the individual beneficiary and not by the probate or trust estate. The parties can agree on the way the mediator’s fees are split.

If there is an HOA or written contract, such as a real estate contract, mediation may be required. If one party refuses mediation in this case then that party may be in breach of the HOA CC&Rs or the written contract. The choice of mediator is agreed upon by all of the parties.

Most mediations are conducted by zoom. Zoom is the most efficient approach in terms of both the participants’ time and the total cost of attorney and mediator fees. Travel is not a productive use of your time, however, if the parties prefer an in person mediation that can also be arranged or a mix with part zoom and part in-person.

There is no charge for the initial zoom or phone consultation with the attorneys for the parties to determine if the case is ready for mediation. 415-397-1515