Field Guide to Mediation & Conflict Resolution
(Updated September 2015)
Traditionally, real estate industry disputes rely on negotiation for solutions. If negotiation fails, litigation is often initiated. Mediation involves the skillful intervention of a third-party professional to help resolve disputes that arise between two or more parties. This page includes a variety of resources, including articles, website links, books and other sources relating to mediation, conflict resolution, arbitration and dispute resolution. (D. McCormick, Operations Analyst)
Q - ProQuest articles available for NAR members only. Password can be found on the ProQuest/Find Articles page.
Steps During Pre-Mediation
- Get the right mediator
- Draft the mediation rules
- Have an informal pre-mediation get-together
- Make the dispute "mediatable"
- Identify the person who must approve of the settlement
- Deal with logistics
- Prepare pre-mediation statement
- Emphasize good faith commitments
Steps During Post-Mediation
Document all agreements reached in mediation
- Facilitate ratification
- Create a decision maker
- Offer proposals
- Schedule additional mediation sessions
- Keep in touch
Source: Entrances and exits: Strategies to pursue outside the mediation, (Dispute Resolution Journal, May-July 2007). Q
Understanding Mediation & Conflict Resolution
Arbitration vs Mediation and the Conflict Resolution Process in Alternative Dispute Resolution (ADR), (Harvard Law School, Aug. 5, 2015).
Arbitration and other forms of ADR in Real Estate Deals, (American Bar Association, Apr. 2014).
Help resolve workplace conflicts with communication, (Sacramento Business Journal, May 10, 2013).
Real Estate Mediation and Arbitration, (Mediate.com, Apr. 2012).
Mediation: Ten Rules for Success, (NOLO Law for All).
Real estate mediation and arbitration for disputes, (About.com Real Estate Business Guide).
REALTOR® mediation: Resolve conflicts and preserve relationships, (PAR Just Listed, Feb. 2, 2012).
Know all of your options for resolving work disputes, (Philadelphia Business Journal, Jan. 13, 2012).
Avoiding conflict in the workplace is tough, but possible, (Business First, July 22, 2011).
Mediator Selection: What Mixture of Skills?, (Mediate.com, Aug. 22, 2011).
Let's be clear, mediation is NOT arbitration, (Mediate.com, Oct. 12, 2009).
Timing is everything, (Mediate.com, Sept. 28, 2009).
ADR = Arbitration Done Right?, (Mediate.com, Sept. 21, 2009).
How to Make Mediation Accessible to People who are Suspicious, (Mediate.com, Sept. 19, 2009).
What’s a “Successful” Mediation?, (Mediate.com, Sept. 5, 2009).
Mediation gains traction, (Nashville Business Journal, June 19, 2009).
Alternative Dispute Resolution
Promoting Professional Standards Through Alternative Dispute Resolution, (National Association of REALTORS®, Legislative Live, May 16, 2015).
Dispute Resolution for Real Estate: Overview, (Counselors of Real Estate, 2013).
Dispute Resolution System: Mediation/Arbitration, (National Association of REALTORS®, May 1994).
Early ADR in U.S. History: Talking versus War, (Mediate.com, Feb. 12, 2007).
Business disputes less likely to go before judge, (Buffalo Business First, Mar. 28, 2005).
Prepare for peace, (Builder, Mar. 2005). Q
Planners, hoteliers try staying out of court, (Successful Meetings, Mar. 2005). Q
Arbitration & Mediation Issues
Finding right mediator worth doing legwork, (Atlanta Business Chronicle, May 20, 2011).
Mediation in Real Estate Disputes, (Knoji, Feb. 17, 2011).
Mediation: The better way to solve commercial real estate disputes, (REJournals.com, Feb. 3, 2011).
Update on Foreclosure Mediation, (Dispute Resolution Journal, May-July 2011). Q
Professional Standards Training & Mediation Resources Database, (National Association of REALTORS®).
Code of Ethics and Arbitration Manual (National Association of REALTORS®).
Mediation Tools/Resources, (National Association of REALTORS®). Note: Via link, scroll downward for MS Word docs and PowerPoint presentations
Books, eBooks & Other Resources
The following eBooks and digital audiobooks are available to NAR members:
Advanced Facilitation Strategies (Adobe eReader)
The Art of Constructive Confrontation (Kindle, Adobe eReader)
Breakthrough Business Negotiation (Kindle, Adobe eReader)
Conflict Resolution (Adobe eReader)
The Coward's Guide to Conflict (Overdrive Audiobook)
Creative Conflict Management (Overdrive Audiobook)
Facilitating With Ease! (Kindle, Adobe eReader)
The Handbook of Dispute Resolution (Kindle, Adobe eReader)
Have a Nice Conflict (Kindle, Adobe eReader)
Improvisational Negotiation (Kindle, Adobe eReader)
Negotiating Success (Kindle, Adobe eReader)
Resolving Conflicts at Work (Kindle, Adobe eReader)
The Triangle of Truth (Kindle, Adobe eReader)
Books, Videos, Research Reports & More
The resources below are available for loan through Information Services. Up to three books, tapes, CDs and/or DVDs can be borrowed for 30 days from the Library for a nominal fee of $10. Call Information Services at 800-874-6500 for assistance.
Disagreements, disputes, and all-out war: 3 simple steps for dealing with any kind of conflict, (New York, NY: Amacom, 2008). HD 42 SC03
Handling conflict, (Cincinnati, OH: South-Western, 2002). HD 42 G65
The mediator's handbook: advance practice guide for civil litigation, (Cincinnati, OH: South-Western, 2002). KF 9084 C77
Leaders working together: five steps to conflict resolution, (Washington, DC: American Society of Association Executives, 2001). HF 294 A1
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The inclusion of links on this field guide does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked in this field guide complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.