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Commercial ADR Services for San Francisco Real Estate

ADR services

Commercial ADR includes both types of alternative dispute resolution which are mediation and arbitration. Legal disputes involving real estate in San Francisco often end up being settled out of court before going into litigation. Although this might sound like a better method of resolution than going through a trial that lasts for months or years, a lot of time and money have already been invested by this point. This is the reason that alternative dispute resolution (ADR) is preferable to litigation, even if the case never goes to trial. Daniel Yamshon is an experienced mediator and arbitrator with a successful history in providing clients with commercial ADR services.

The Appeal of ADR

Increasingly, companies end up in dispute resolution because they place an ADR clause in the real estate contract. The potential for a fast and less costly resolution to any legal issue that should arise is tempting to many businesses. One reason for the enthusiasm is the potential fees that will go to attorneys and court costs in litigation. Another is that the outcome may be even more costly to them than they imagined. Many times, court cases have resulted in high fees for litigation while the real estate deal over which the dispute is centered is worth less than these costs.

Interruption to Business Operations

Another expense incurred by litigation is that to the business through loss of operations. In real estate, businesses are always looking ahead to the next deal. When they are caught up in litigation, however, it is difficult to move on to the next deal when a failed real estate deal is already taking a large portion of the business’s time and money.

The Resolution

ADR services used to resolve commercial real estate disputes include both mediation and arbitration. One significant difference between the two is that mediation is non-binding while arbitration is binding. In mediation, the parties must agree on a resolution before it is agreed to and binding. In arbitration, the arbitrator acts as judge and jury, making the final decision. There are some types of cases which are best resolved through one method or the other. Either is preferable to litigation in which a judge makes a decision that may not be acceptable to either of the parties involved.

Commercial real estate disputes are often complex and beyond the scope of understanding by a judge or jury. This is the biggest reason that litigation often leads to unsatisfactory and unpredictable results. Either party may have the right to appeal the decision, only to enter into a longer period of time in the courtroom that will take even more time and money. The expertise of the mediator or the arbitrator in commercial real estate will determine the success of the dispute resolution process. An expert in the field will eliminate the time needed to educate a judge or jury and will help keep the focus of the process on the most important issues.

If you want the best resolution for your San Francisco commercial real estate dispute, contact Daniel Yamshon. Ask us about the advantages of our ADR services at 916-446-4817.

Choosing Between Mediation and Arbitration

Mediation

Arbitration is becoming increasingly popular as a method of dispute resolution for businesses. Although some business owners make the choice to go into arbitration voluntarily, and growing number of cases result from clauses in business agreements. All types of documents and contracts include a clause that states any disagreements or discrepancies going forward must be settled through arbitration. Arbitration and mediation are methods of alternative dispute resolution that facilitate a more peaceful and agreeable resolution.

These two processes differ in that mediation allows the parties to decide on the final resolution whereas the final decision in an arbitration case is decided on by the arbitrator. Daniel Yamshon offers services for Sacramento businesses in need of arbitrators or mediators so that results can be reached in a manner that preserves the business relationship.

Mediation in Family Court

Mediation is especially effective for resolving disputes in the area of family law. Couples who are divorcing, child custody, and related issues can be resolved quickly and at a lower cost. Clients prefer mediators for these cases because they retain control over the outcome. Mediation is also preferable to litigation since it presents the involved parties with a peaceful atmosphere where the goal of the process is no longer “winner takes all.”

Arbitration for Businesses

The very nature of how businesses work in partnership with other businesses increases the potential for disputes to arise. Working with a written agreement is nearly as likely to result in a dispute as working without one. Although many agreements specify that disputes will be settled through arbitration, many are making the choice voluntarily as a simple means of reaching a resolution. Unlike people involved in family disputes, business owners are in a unique situation where lost time can result in lower production, lost profits, and potential damage to the company’s reputation. It is to their advantage to come to a resolution quickly and without battling it out with the other party or parties.

The Importance of Preserving Relations

Both mediators and arbitrators understand the necessity of preserving relationships going forward. For the divorcing couple, a resolution that allows parents to continue to work together for the good of the children is a successful mediation process for everyone involved. In business, relationships between suppliers and buyers, partner companies, and distributors are some of those that are essential to the continuing success of the company.

Alternative Dispute Resolution is especially effective in cases related to real estate. Hiring mediators or arbitrators can save all involved parties a lot of time and money that can better be spent on their business. In litigation, the judge and jury are not experts in real estate law and must be “brought up to speed” on the specifics of the case and the laws that apply. On the other hand, a mediator or arbitrator who is experienced in real estate dispute resolution in Sacramento is prepared to find a fast and fair resolution. If you need professional, experienced mediators or arbitrators for a peaceful resolution to your dispute, call Daniel Yamshon at 916-446-4817.