I was asked a couple of years ago to write an article for my local associations' news letter about mediation. I stumbled across it agian yesterday and thought I should freshen it up and repost on my blog so here it goes...
As I started to write this article on the benefits of Mediation from the distinct perspective of a Mediator, I thought why every REALTOR® and Real Estate company wouldn't insist on having their clients agree to Mediation in the contracts.
It boggled my mind that they wouldn't take advantage of this low cost and time saving alternative to litigation? Who would not want a disarming, delightful, witty, and charming but impartial third party to help get things resolved once and for all? But enough about me.
The system that has been developed by the National Association of REALTORS® and most likely implemented by your state or local associations is an absolute win-win for everyone. Who wouldn't want to try Mediation out before paying thousands of dollars in retainer fees to a lawyer (nothing against my friends in the legal profession) and spend what could be years waiting for all court proceedings to finally be wrapped up?
What REALTOR® or Real Estate Company wouldn't want to try to avoid taking the proverbial hit against their errors and omissions insurance? With nothing to risk and everything to gain it must be that there are just not enough trained Mediators available, right?
(Check with your local & state associations on how to begin the process in your area)
It must be that our industry feels some strange need to keep the legal profession thriving when all that time retainer fees and court costs could be avoided? Well maybe not, but what else could it be? (Again no disrespect intended to my friends in the legal profession in fact there are several attorneys that offer mediation services through my local board its not just REALTOR® mediators)
Could it be fear of change? After all there are still many REALTORS® who have been at this since shortly after somebody figured out that living in a house was way better than a cave dwelling. Could these pillars of our community be leading their colleagues to avoid this new fangled idea? No, most of these industry leaders supported the creation of just this sort of dispute resolution. Heck it was practically their idea in the first place.
So maybe it is fear of the unknown. After all how many of us have actually been involved in a Mediation session? We've all heard the ugly rumors of Mediators breaking out the thumb screws and hot lights to force the poor defenseless REALTOR® into an involuntary commissionectomy. Surely most of my REALTOR® colleges are informed enough to know that they only need to participate in the Mediation if their clients asks them to.
What seller would want to give those ungrateful buyers the chance to get one over on them with some free discovery before they sue? But the knowledgeable REALTOR® would know that the entire process is confidential and can not be used against anyone later. Who would believe these wild and crazy rumors?
How foolish of me, the very term Mediator means "one that Mediates, especially one that reconciles differences between disputants (thanks dictionary.com)". REALTORS® would know that the entire process is confidential and is only binding if everyone is willing to sign off on the agreement. REALTORS® would know that their clients would be able to have legal representation at the Mediation if they desired and notified the Mediator. (see lawyers can play too) REALTORS® would know that their clients would not give up their right to go to court later if a resolution could not be reached.
In short, REALTORS® would be diligent enough to thoroughly explain the DRS system to their clients.
(paragraph 32 of the PAR (Pennsylvania Association of REALTORS) agreement of sale)
After hours of struggling with the topic, I still couldn't understand why an article is even needed that covers such a basic part of a REALTORS® every day business. My hope is that all of my colleagues will be aware of the value of Mediation and make sure that your clients are aware of this option as an added value of working with a REALTOR®. Have a prosperous and profitable summer.
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