Mediation, Arbitration & ADR Services

Trained San Francisco Real Estate Mediation Attorney

At the law firm of Beckman Marquez & Dowling, LLP, we offer mediation services to those who are resolving real estate disputes through a process of alternative dispute resolution (ADR). Senior partner Richard Beckman is a trained mediator who leads our arbitration and mediation services.

Resolve your real estate dispute quickly and affordably

Our firm's guiding principle is that mediation is a healthy and cost-effective alternative to litigation, and is likely to provide long-term solutions that remain satisfactory to both parties. Our services include acting as the independent mediator, as well as advocating on behalf of either party in a mediation. Contact our offices to discuss your alternative dispute resolution needs. We offer a free consultation, during which we will explain the process, and how our fee structure applies to your case, should you decide to retain us to help resolve your dispute.

Real Estate Contract Issues

Our real estate mediation lawyers will mediate any type of real estate dispute. Standard residential and commercial real estate purchase contracts contain provisions requiring the parties to engage in mediation, rather than filing immediately for a court trial. We use our extensive experience in real estate law and as qualified mediators to help you resolve your real estate issues quickly and affordably.

Avoid Litigation - Hire a Skilled Mediator

In California, anybody can hold themselves out as a mediator. There are no regulations that dictate who can and who cannot mediate a dispute. It is important to find an experienced real estate attorney with additional mediation training and skills. At Beckman Marquez & Dowling, LLP, our real estate mediation lawyers have taken a forty hour course on mediation, and regularly participate in extensive seminars to keep current with the latest developments in real estate mediation law. Let our real estate mediation attorneys help you resolve your dispute effectively and efficiently, and avoid litigation.

Mediation, Litigation and Arbitration: What They Are and How They Differ

Mediation is the process by which two parties with a dispute agree to participate in a settlement meeting with a ‘neutral’ third party called the mediator. The main distinction of mediation is that it is entirely voluntary - a party can never be forced to agree to any terms. While sometimes the process might feel coerced in that the other party and or the mediator are pressuring for settlement, in the end no party can be forced to accept terms with which they do not agree. This separates mediation from arbitration and litigation.

There are various local organizations that offer mediation, and a list of several such organizations is included in our Resource Links.

Litigation is the process of taking a dispute to court, through the filing of a lawsuit to a conclusion reached by judgment after trial or settlement prior to trial. It is widely considered the most costly form of the three dispute resolution procedures, but provides the parties a full and fair hearing of their case, with the right to conduct discovery of the other side’s case before trial. It includes rights to appeal the trial decision, and related protections from arbitrary decisions not available to arbitration participants.

Arbitration is a ‘less formal’ version of litigation. It can be binding or nonbinding. It can be private or court-supervised. Its primary attraction for most parties is that it is reputedly faster and cheaper than the traditional ‘litigation’ conducted through the court system. However, it suffers from that benefit in that the arbitrator’s decision - no matter how wrongfully reached, even in violation of applicable law or clear evidence of facts - is generally not reviewable by the judicial system. In other words, both parties agree to give the arbitrator near-total discretion in reaching a decision, subject only to the arbitrator’s violation of conflict of interests rules.

MEDIATION SERVICES

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough." The Collected Works of Abraham Lincoln edited by Roy P. Basler, Volume II, "Notes for a Law Lecture" (July 1, 1850?), p. 81.

Lawyers are trained to advocate their client's position against that of the opponent. Any argument or tactic, if ethical and reasonable, may be employed to advance the client's interest. While such training and practice can effectively promote the client's interests, lawyers are increasingly finding that mediation of disputes, often at an early stage of the case, can be equally if not more effective in securing for the client the advantages of a litigated result, without the time, expense and emotional distress of litigation through trial.

Because statistics show consistently that approximately 95% of all lawsuits filed in California are settled before trial, the primary question in each such case is how soon before trial the case settled. Generally, the sooner the case settles, the less expense and time is required of both parties. Therefore, it is likely in the parties' mutual benefit to consider the possibility of an early settlement of the case. Mediation provides the setting and opportunity for the parties to meet in a neutral environment to explore such possibilities. Because Mediation is always a matter of mutual consent of the parties, neither party is forced to accept a result with which they disagree. While settlements routinely cause both parties to feel they did not "win" the case, the alternative - trial by judge or jury with a' winner take all' outcome - is often even less desirable.

Like many attorneys, Richard Beckman advocates the use of Mediation in nearly all litigated disputes. Beginning in 2002, Mr. Beckman began to informally offer his services as a Mediator of landlord-tenant disputes, including wrongful eviction actions. Seeing the success of those early efforts, and in order to promote such settlement opportunities, Mr. Beckman completed a comprehensive Mediation training course in October 2002. Consisting of over 40 hours of classroom theory and role-playing exercises, the training gave Mr. Beckman additional skills to conduct effective mediations. He has continued to take additional mediation training courses since his initial comprehensive training to enhance his ability to conduct mediations, either as the advocate of a party or as the neutral mediator retained by both parties to the dispute.

Mr. Beckman is available to mediate any dispute at his ordinary hourly rate of $250.00 per hour, with no minimum fee and no cancellation charge. Mediations can be held at the offices of Beckman Marquez & Dowling, LLP, or other mutually agreed location. If you believe your case is appropriate for a mediated resolution, please contact Mr. Beckman to further discuss availability and related issues

No cancellation fee. No minimum fee.

Contact our offices to schedule an opportunity to discuss your mediation, arbitration, or other ADR needs. Our lawyers take great pride in offering quality service to all of our real estate mediation clients. We offer flexible hours, and do not charge a cancellation fee of any kind. We also do not have a minimum fee, so we will work with you to structure your mediation in a way that will help to resolve your legal issues.

Beckman Marquez & Dowling, LLP, has offices in San Francisco, California, and offers mediation to all neighboring areas, including Oakland, Berkeley, and other communities in Santa Clara, Marin, San Mateo, and Alameda counties.