The National Conflict Resolution Center’s (NCRC), Real Estate Mediation Program is designed to provide a time efficient, cost effective, convenient and confidential forum for the resolution of disputes arising during or after residential or commercial real estate transactions. The types of issues commonly addressed in mediation include failures to disclose, breach of contracts, deposits, and construction defect, among others.

Description of Mediation
Mediation is a process in which disputing parties meet with a mediator, a neutral third party, who helps them discuss and negotiate regarding their conflicts and reach their own, mutually acceptable agreement. The mediator structures and directs the mediation process. The mediation sessions generally include joint sessions with all of the parties, as well as separate meetings (caucuses). The mediators structure the process based on their expertise of what is needed to bring the case to a settlement. The mediators do not impose a decision on the parties, but help them, with advice and assistance from their counsel, develop the resolution. It is ultimately up to the parties to decide whether they settle their case.

What is the Difference Between Mediation and Arbitration?
While an arbitrator makes a binding decision after hearing testimony and reviewing evidence, the mediator does not make decisions regarding the outcome. The mediator assists the parties to reach an agreement that is mutually acceptable.

Who May Initiate the Mediation?
Any party to a dispute involving a real estate issue may initiate the dispute resolution process by contacting NCRC by phone at (619) 238-2400 or (760) 494-4728, by openeing a case at www.ncrconline.com or by submitting the Request to Initiate Mediation form by mail or fax (619) 238-8041.

Who Participates in the Mediation?
All persons necessary for a settlement must participate in the mediation and have full authority to settle the case at the mediation session. Pursuant to the Real Estate Purchase Agreement, the Buyer and Seller are the “parties” in the mediation. Additional participants who may attend include brokers, agents, home inspectors, architects, contractors, developers, and any other necessary participants.

What is the Significance of the Mediation Clause in the Purchase Agreement?
When the parties sign the standard California Real Estate Purchase Agreement, they are agreeing to mediate any issues that arise from the transaction. If a party refuses to participate in mediation, it can affect his/her ability to be awarded attorney’s fees if the matter goes to court or arbitration and he/she prevails.

Can NCRC Require People to Participate in the Mediation?
NCRC, as a neutral organization, cannot compel anyone to attend the mediation. However, upon request, the NCRC Case Coordinator can forward one party’s Request for Mediation to other parties or participants. (See the Procedures for Case Initiation)

Do I Need to Have a Lawyer at Mediation?
A party to a Real Estate mediation is not required to be represented by an attorney. However, Real Estate mediation generally involves legal issues so parties may find it helpful to have a lawyer advising them prior to, at the mediation, or to review any agreements reached at the mediation. Although the mediator selected for the case may be an attorney, as a mediator, he or she may only provide legal information, not legal advice.

When is the Appropriate Time for the Mediation to Occur?
Mediation can take place at any time that a dispute arises during the transaction or after it is completed.

What Are the Benefits of Mediation?
• Allows the parties to develop a resolution that meets their respective needs.
• There is not a solution imposed on the parties, rather, there is no resolution unless the parties agree.
• The process is private and confidential. What is discussed at mediation cannot be used by one party against another party if it goes to arbitration or court.
• Creative solutions are possible.
• It is non-adversarial and focuses on how to resolve the issues and allow the parties to move forward.
• It can generally be scheduled within two to three weeks of the initial contact.
• It is much less expensive than litigation.

NCRC’s Real Estate Mediation Panel
NCRC’s Real Estate mediators are attorneys and/or real estate brokers who have professional experience in their legal and mediation practices. They have all received over 50 hours of mediation training and have been mediating for a minimum of five years. They have extensive experience mediating complex disputes, and they can help clients resolve simple ones as well. Often these cases involve multiple parties and require the mediator to facilitate complex negotiations. NCRC’s mediators have gained their expertise in the real estate field as transactional or litigation attorneys and/or as real estate agents and brokers. The mediators have a wide range of styles from evaluative to facilitative, as well as a combination of both styles as warranted by the case.

How Much Does the Mediation Service Cost?
The fee for a mediation session is based on the rate of the particular mediator selected and ranges from $300 to $450 per hour. There is generally a three or four-hour minimum. There is an additional one-time $125 filing fee per party. The parties divide the cost equally unless another arrangement is agreed upon. The mediation fee must be prepaid by check or guaranteed with a credit card (MasterCard or Visa). Parties canceling or rescheduling a mediation within three business days of the mediation may be charged a fee for one hour of the mediator’s time. Call Kathy Bayer (619) 238-2400 or (760) 494-4728, ext. 213 or see the Real Estate Mediators page for the rates of individual mediators.

Mediator Selection
Biographies of all NCRC Real Estate Mediators can be viewed on NCRC’s website. Brief description and rates can also be downloaded from the Real Estate Mediation Forms page. The case coordinator can assist the parties in selecting a mediator based on the mediator’s availability, style, experience in the particular subject area or language capacity, etc.

What Do I Bring to the Mediation?
It is appropriate to bring to the mediation any documents or other materials that would be helpful for communicating issues and concerns to the other parties or the mediator.

Are The Mediation Sessions Confidential? Is an Agreement Reached in Mediation Enforceable?
Mediation is governed by the California Evidence Code sections 1115-1128 which provide, among other things, that statements made during the mediation are confidential and inadmissible against another party in any subsequent civil proceeding. Agreements made during the mediation can be admissible and/or enforceable if the parties specifically agree. Further, the mediators cannot testify as to what was said or any agreements made during the mediation. Disclosures made outside of the mediation remain admissible in subsequent proceedings even if they are presented during the mediation.

Where Will The Mediation Take Place?
NCRC’s main office is located in downtown San Diego. We also have a North County location in Vista. Occasionally, participants may choose to schedule the mediation at a different, mutually agreeable location.

How Much Time Should I Allow For The Mediation?
The parties should allow at least 3-4 hours for the initial session. Mediations frequently last longer than the 3-hour minimum. The parties and participants are advised to arrange their schedules accordingly. Single sessions are most common, but occasionally a second session is necessary. If there is another session scheduled, the parties often agree to gather additional information between sessions that will help resolve their issues. Subsequent sessions should be scheduled at the close of each mediation.

NCRC’s Disclosure Policy
Once a mediator has been selected, disclosures will made to acknowledge any past or current professional or personal relationships or contact that the mediator has had with any party, participant or attorney involved in the case.

Why Choose NCRC?

• NCRC’s mediators have extensive professional and mediation experience as well as mediation training to help you/your client resolve the case.
• NCRC’s case coordinators explain the process to the clients, answer all of their questions and can contact other parties or participants that you would like to attend the mediation.
• NCRC is recognized as a leader in the in the mediation field locally, nationally and internationally.
• NCRC offers multiple rooms for each case so there are separate rooms for clients and their attorneys to meet privately and to caucus with the mediator.
• NCRC provides snacks, beverages, and lunch for your comfort and convenience.