When to Choose Pre-Litigation Mediation

Pre-Suit mediation is a form of mediation in which the disputants seek to resolve their dispute issues with the assistance of their legal counsel and a third-party impartial mediator prior to initiating a lawsuit with the court. This form of mediation is also sought to reduce time to settlement, and costs of resolution.

Civil and Family Disputes Mediated for Pre-Litigation Clients:

Civil Issues

Real Estate Purchase and Sale Disputes 

Real estate transactions often have complications that lead to disputes between Sellers and Buyers. Often these disputes are accompanied by threats of litigation by one party or the other. Pre-Litigation mediation is an excellent option to consider avoiding a lengthy and costly litigation process to resolve a real estate and sales dispute. Common issues often disputed are:

• Amendments to contracts.

• Contingencies for: additional deposits, financing, inspections, and assessments responsibility. 

• Default and deposit retention. 

• Tenant issues.

• Vacating the property.

Business and Partnership Dissolution Disputes

It is not uncommon for dissolutions of businesses and partnerships to lead to disputes mired in intense personal positions that often close open communications between the parties leading to the potential of litigation between the parties. Pre-Litigation mediation is an excellent option to deter litigation and allow the parties with the help of a mediator to be a conduit between the parties in dispute to reach a mutual agreement to resolve their dissolution issues. Such items that Pre-Litigation mediation can help to resolve are:

• Dissolution of corporations or partnerships.

• Principal Buyouts. 

• Liquidation or retention of real estate and other business assets.

• Disbursement of compensations and debt allocation.

Family Issues

Elder Care and Asset Distribution Disputes

It is not uncommon for family and siblings to be unprepared to handle their aging loved one’s personal needs. Often family members find themselves in bitter dispute, resulting from many different points of view offered and individual motivations as to how care should be provided and assets distributed. Pre-Litigation mediation can help to resolve disputes between family members, turning adversarial positions into mutual agreement for the care of their aging loved one(s). This form of mediation may avoid the potential of litigation, thereby saving both time and funds that may result from lengthy third-party court resolution of such disputes. Issues that may be resolved in Pre-Litigation mediation are:

• Residency decisions to stay in the existing home, downsize to a smaller home, or move to a long-term care facility. 

• Transportation for medical, banking, personal services and shopping 

• Health and medical decisions.

• Allocation and monitoring of medications.

• In-home nursing services.

• Assistance with legal documents such as: trusts, wills, and sales of real estate and assets.

• Power of Attorney and Guardianship

• Family Heir disputes over asset distribution, real estate and general property, and debt responsibility.

• End of life arrangements.