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(Updated January 2013)
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, Web site links, books and other sources relating to mediation, conflict resolution, arbitration and dispute resolution. (D. McCormick, Operations Analyst)
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
Source: Entrances and exits: Strategies to pursue outside the mediation, (Dispute Resolution Journal, May-July 2007). Q
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
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).
Mediation gains traction, (Nashville Business Journal, June 19, 2009).
Untapped Potential: Creating a Systematic Model for Mediation Preparation, (Dispute Resolution Journal, May-July 2009). Q
Three's a Crowd-How to Resolve a Knotty Multi-Party Dispute through Mediation, (The Business Lawyer, Feb. 2009). Q
Alternative Dispute Resolution
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
Update on Foreclosure Mediation, (Dispute Resolution Journal, May-July 2011). Q
Entrances and exits: Strategies to pursue outside the mediation, (Dispute Resolution Journal, May-July 2007). Q
Considerations in Providing Mediation and Conflict Resolution Services to Spanish-speaking Latinos, (Mediate.com, Feb. 5, 2007).
Streamlining the Arbitration Process, (Mediate.com, Jan. 30, 2007).
Useful Websites
Code of Ethics and Arbitration Manual(National Association of REALTORS®, 2013).
Mediation Tools/Resources, (National Association of REALTORS®). Note: Via link, scroll downward for MS Word docs and PowerPoint presentations)
Association for Conflict Resolution, (AFCR, 2013).
National Association for Community Mediation, (NAFCM, 2013).
American Bar Association Section of Dispute Resolution, (American Bar Association, 2013).
Books, eBooks & Other Resources
eBooks.realtor.org
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)
The Handbook of Dispute Resolution (Kindle, Adobe eReader)
Improvisational Negotiation (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 Central. 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 Central 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.