Frequently Asked Questions

If I am buying or selling real estate at what point do I need to hire an attorney?

Once both parties have signed the real estate contract you should hire a lawyer to begin the contract negotiations. In the real estate contract there will then be an attorney review provision. Your lawyer will work within that time frame to negotiate changes in the contract that are needed for your protection.

What can I expect from my attorney?

If you are the seller in the real estate transaction, your attorney will negotiate the contract, order title and/or do the title exam, order the survey, and prepare the closing documents for the transfer of the property. If you are the buyer in the transaction, the attorney will review and negotiate the contract, assist in reviewing all title documents and all mortgage documents to ensure that you as the buyer are protected.

Why do I need an attorney to review my commercial lease?

The Landlord will provide the Tenant with a lease that was prepared by his or her attorney. Each paragraph is favorable to the Landlord.  The Tenant’s attorney will review and negotiate the lease to make sure the tenant and its business is protected.

What situations are right for mediation?

  • Parental Rights and Responsibilities (Custody of minor children), time-sharing (visitation), child support, spousal support, division of assets and debts, and post-divorce disputes are typical issues that can be resolved successfully through mediation
  • Landlord and tenant relationships
  • Employer and Employee relationships
  • Businesses who are going through partnership changes, mission and vision conflicts, quality issues and personnel issues


What circumstances would be inappropriate for mediation?

Mediation may not be appropriate when there is current or ongoing domestic violence that could interfere with both parties being able to fairly and fully participate in the mediation process. Also, if either party is unable to participate fully and consciously in the process because of limited intellectual abilities, concurrent substance abuse, or a psychological disorder—such as severe depression—which would affect the rational decision making that mediation requires.


How do I start the mediation process?

All you need to do is contact us on this website, or give a call to set up a free consultation so we can sit down and discuss your matter.


Can I bring other people with me to the mediation sessions?

Interpreters and family members directly involved with the dispute are always welcome. Sometimes you can bring a person to support you, but typically they are only allowed as observers; they do not directly participate in the mediation. People on both sides of the dispute have to agree on the list of participants and observers. You must notify us ahead of time if you want to bring any additional people to the mediation session.


Can a mediator be called to testify in court?

No


Can information shared during mediation be used in court?

No


How is arbitration different from mediation?

Arbitration is a simple version of a trial. There are no fact finding or evidence gathering activities before the arbitration date. An arbitrator hears both sides of the dispute and makes a decision for you. Mediators are individuals trained in techniques to bring people involved in a dispute together. They attempt to work out a settlement that everyone can agree upon. Mediation is based on the notion of empowerment; having the ability to decide how to solve the problem yourselves rather than having an arbitrator do it for you.

How long does mediation take?

The number of sessions of mediation depends on several factors:

  • Readiness of the parties for mediation
  • Commitment to the mediation process
  • Level of conflict and trust between the parties
  • Complexity of the issues, status of legal proceedings

There is no way to predict how long a full case will take, but between four hours and twelve hours is an average. Single or limited issues might take less time.

What happens if we use a mediator and can’t come to a decision?

If the mediator believes that a solution can’t be reached, they may ask you to set a date to meet again. Or explain other choices you may have at your disposal depending on your situation.