Real Estate Mediation
Mediation is an informal process where all the parties are placed into rooms in the same building and a third party (the mediator) goes from room to room with settlement offers until a resolution can be reached or one of the parties ends the mediation. Mediation is very effective at resolving disputes without the uncertainty and costs of going to trial. Mediation is included in our standard litigation matters. This service is for clients who have not retained the firm for litigation of their matter. Please see below for more information.
Real Estate Mediation is an informal process where all the parties are placed into rooms in the same building and a third party (the mediator) goes from room to room with settlement offers until a resolution can be reached or one of the parties ends the mediation. This process is very effective at resolving disputes without the uncertainty and costs of going to trial. Real Estate Mediation can be used for all types of disputes including contract disputes, real estate disputes, adverse possession claims, seller disclosure claims, and disputes between homeowners and contractors.
Many courts now order mediation as part of the litigation process; however, it is not limited to after a case has been filed. Pre-litigation mediation can be an effective means of resolving disputes before money has been spent on litigation. Moreover, the most recent version of the real estate contract provided by Kansas City Regional Association of Realtors to local realtors includes a mandatory pre-litigation mediation clause. As such, mediation is required for most real estate contract disputes in the Kansas City area.
The costs of mediation are generally shared equally by the parties. Therefore, your costs will usually only be half of the costs set forth above. With that being said, we require full payment of the fees prior to the scheduling a mediation session. Therefore, if one party has paid the entire costs of the mediation, we will help facilitate the reimbursement of the other half of the expenses at the time of the mediation. Moreover, for your convenience, we have created some sample mediation demand letters that you can use to help request the other party participate in mediation. These letters are located at this link.
Please be sure to review what is included with this service on the “What’s Included” tab of this webpage. Furthermore, while these fees are contemplated to cover most standard matters of this nature, there are certain services or costs that are not included and may result in additional fees beyond the amounts set forth above. These fees and costs are set forth in more detail on the “What’s Not Included” tab of this webpage.
Finally, the “Getting Started” tab sets forth the basic steps after your submission of this order request and what will be required so we can get started working on your matter.
Please note that all orders are subject to our terms and conditions, which are available for your review at www.rickdavislegal.com/legal-services- terms-of-service/.
- Representation in a Mediation. We will be with you during the entire mediation to help answer questions related to the possible outcomes at trial, evalulate settlement offers, and identify the strengths and weaknesses of your case.
- Review of Settlement Agreement. If this matter is resolved through mediation, we will review any short settlement agreements produced by the mediator and/or help draft a standard settlement agreement resolving your dispute.
- Privacy. Once we have confirmed there are no conflicts of interest and accepted this matter, the information you share and everything you discuss while working together is protected by attorney-client privilege.
- Honest and Practical Advice. We will promptly communicate all settlement offers with you and provide advice based on the risks of proceeding with the litigation even if it means lower legal fees to our firm. If you have questions regarding your matter, we will provide you with practical and straight-forward answers regarding the same.
What's Not Included
- Other Legal Services. We are being retained only for the specific legal services contemplated herein and for a single dispute. Any questions or issues outside of the scope of the matter we are handling will require the purchase of additional services as appropriate based on the nature of the additional legal services being requested.
- Mediator Fees. These services do not include the payment of any fees charged by the mediator. These fees range between $150-$350 per hour and are generally due at the time of mediation. Usually, the parties will equally split the costs of mediation but that may not be true in your case if you have a contract that states one of the parties pays all of the fees or if one party refused to pay for mediation and you agree to meditate anyway.
- Mediation over Eight (8) Hours. Included in this service is representation at up to eight (8) hours of mediation, which will cover almost all mediations of standard disputes. If the mediation does exceed eight hours, we charge an additional $250 per hour for legal services, which is payable at the time of the mediation.
- Litigation. These services include the mediation only. If the other party is unwilling to reach a settlement and you decide to litigate, any fees related to litigation will be charged in addition to the fees paid for these services.
Thank you for your interest in working with our firm. For your reference, we have created this guide to explain to new and prospective clients how to get started working with our firm. Please be advised that the new client process will vary slightly depending on the type of matter. Therefore, please be sure to review the “Getting Started” tab for the specific services you are contemplating.
- Online Signup. Once you have determined that you would like to engage our services, you can sign up using the “add to cart” feature on our webpage. When you complete the online order process, you will be provided with a copy of our terms and conditions that outline the basic terms of the representation, including our billing and communication policies. You can review these policies at any time at www.rickdavislegal.com/legal-services- terms-of-service/.
- Payment. After you have submitted your order, you will be provided with a link you can utilize to submit payment with a debit/credit card. If you would prefer, you can also mail or drop off a check at our office located at 8826 Santa Fe Dr, Ste 100, Overland Park, Kansas 66212. Whichever method you select, please be advised that no work will be performed on your matter until we have received payment.
- Intake Form. Once we have confirmed receipt of your payment and confirmed we do not have any conflicts of interest (if not previously completed), you will receive an email that contains a link to our online intake form that you can use to submit information to us about your matter and upload any relevant documents. The online intake form helps to ensure that we have all of the information needed to fully assist you with your matter. Moreover, by using an online form, we are able to avoid additional costs associated with having a lengthy conversation with the attorney to gather this information. With that being said, if you are uncomfortable with the online intake form, you are welcome to call our office to discuss the information necessary for your matter.
- Schedule Consultation. When it is confirmed we have no conflicts, you will also receive a link that can be used to schedule a time for a phone or office consultation to review the case prior to the mediation.
- Attorney Review. Within two (2) business days of the receipt of your online intake form and documents, the attorney will review the information you submitted and begin work on your matter. If there are any concerns noted based on the information provided, the attorney will contact you promptly to discuss the same. If not, you should receive a welcome email from our firm that will discuss the basic process and timeline for the handling of your matter.
It is our hope that outlining the process helps to make the establishment of a relationship with our firm easier. It also helps to streamline our internal processes to ensure that we devote our time to providing the highest level legal services to our clients. If you have any questions about this process, please feel free to contact our office at (913) 283-8300.