Frequently Asked Questions
What CRE disputes fit mediation best?
CAM/NNN reconciliations, TI/build-out delays, use/exclusive-use/radius clauses, percentage-rent calculations, estoppel/SNDA issues, earnest-money/escrow fights under PSAs, title/ALTA survey defects, zoning/entitlement timing, brokerage commission (procuring-cause) disputes, and lender/borrower workouts.
How Long Does Divorce Mediation Take?
The duration of the divorce mediation process depends on how complex your case is and how quickly both partners can agree on major issues. On average, couples complete mediation in 2 to 6 sessions, spread across a few weeks. Compared to months—or even years—of litigation, mediation is a much faster and more efficient route to resolving your divorce peacefully.
How are TI/build-out and change-order disputes handled?
The mediator tests schedules, punch lists, LDs, and who pays code-driven changes. Typical deals: rent-commencement deferral, TI credits, shared costs on unforeseen conditions, and a re-baselined critical-path schedule.
What about earnest-money and escrow releases in PSA disputes?
The session pressure-tests financing, inspection, and title contingencies and “time-is-of-the-essence” dates. Outcomes: split EM, extend closing with new milestones, apply EM as price credit, or convert to liquidated damages with mutual releases.
How do brokerage commission/procuring-cause disputes settle?
Parties map the “chain of events,” registration/tail clauses, and tenant/asset carve-outs. Deals often split percentages, define payment triggers (closing, possession, rent start), and assign future renewals/expansions.
Can mediation resolve CAM/NNN reconciliation fights?
Yes, parties can agree on audited expense buckets, caps, true-up credits, a revised chart of accounts, and clearer audit timelines. Outcomes are usually memorialized in a lease amendment with carry-forward rules and future cap language.
Is It Better to Use a Mediator for Divorce?
Yes — hiring a divorce mediator is often one of the smartest decisions couples can make during separation. A mediator for divorce helps both parties reach mutual agreements on key issues like child custody, property division, and financial support — without the emotional and financial strain of court battles. Divorce mediation encourages open communication, privacy, and faster resolutions at a fraction of traditional legal costs. Many couples find that mediation not only reduces conflict but also sets the foundation for healthier co-parenting after the divorce is finalized.
What Are the Disadvantages of Divorce Mediation?
Divorce mediation offers many benefits, but it’s not ideal for every situation. The main disadvantage arises when one spouse dominates the other, making fair communication difficult. Mediation also requires honesty and transparency — if one partner hides assets or refuses to cooperate, the process may fail.
Can Divorce Mediation Save a Marriage?
Yes — divorce mediation can sometimes save a marriage. When couples sit down with a trained divorce mediator, they often rediscover the ability to communicate openly and respectfully.
Mediation creates a calm space where each partner’s needs and feelings are acknowledged, which can lead to reconciliation or at least a more peaceful separation.
Even if the marriage doesn’t survive, mediation can help transform the process into a respectful transition rather than a bitter ending.
Can I Do Divorce Mediation Online?
Yes! Many couples now prefer online divorce mediation for its convenience and flexibility. You and your spouse can meet with a certified divorce mediator through secure video calls from anywhere, avoiding travel time and scheduling conflicts. Online mediation works just like in-person sessions and often helps couples stay calm and focused during discussions.
What Does Mediation Mean in Insurance?
In insurance, mediation is a confidential process where a neutral insurance mediator helps resolve disputes between policyholders and insurance companies. Instead of going to court, both sides discuss the claim and
Do Insurance Companies Prefer to Settle Out of Court?
Yes, most insurance companies prefer to settle out of court because mediation is quicker, less expensive, and avoids negative publicity. Settling through an insurance dispute mediator allows both parties to reach mutually beneficial agreements without lengthy legal battles.
What Not to Say to an Insurance Claim Adjuster?
Avoid admitting fault, guessing details, or saying you’re “fine” after an accident. These statements can reduce your compensation. Always stick to the facts and let your mediator or attorney handle complex discussions during the insurance mediation process.
Is There a Downside to Insurance Mediation?
The only downside is that insurance mediation isn’t legally binding unless both parties sign an agreement. If one side refuses to cooperate or act in good faith, mediation may not resolve the dispute. However, it still remains one of the fastest and most cost-effective ways to settle claims.
When Should You Not Use Insurance Mediation?
You should avoid insurance mediation when there’s fraud, bad faith practices, or a refusal to share crucial claim information. In such cases, taking the matter to court or arbitration may offer a stronger legal resolution.
What Does an HOA Mediator Do?
An HOA mediator acts as a neutral third party who helps resolve disputes between homeowners, board members, and associations. They guide both sides toward fair, practical solutions on issues like maintenance fees, property rules, or bylaw enforcement—without the need for costly legal battles.
When Should You Hire a Condominium Mediator?
You should consider hiring a condominium mediator when conflicts arise over shared property maintenance, noise complaints, or association decisions. Mediation can help restore communication and trust between residents and the condo board before the problem escalates into litigation.
Is HOA Mediation Legally Binding?
HOA mediation itself is not automatically legally binding unless both parties sign a written settlement agreement at the end of the session. However, once signed, that agreement carries legal weight and can be enforced like a court order—saving time and money for everyone involved.
Why Choose Mediation Over Going to Court for HOA Disputes?
Mediation offers a faster, friendlier, and more private alternative to court. Working with a qualified condominium or HOA mediator helps preserve community harmony, reduce stress, and encourage long-term cooperation—something litigation rarely achieves.
Can HOA Mediation Help with Neighbor Disputes?
Yes, HOA mediation is one of the most effective ways to handle neighbor-to-neighbor conflicts peacefully. A trained HOA mediator helps both sides communicate clearly and reach fair agreements on issues like noise, parking, or boundary disagreements without hostility or legal action.
How Long Does Condominium or HOA Mediation Take?
Most HOA or condominium mediation sessions are completed within one to three meetings, depending on the complexity of the dispute.
Compared to lengthy court procedures, mediation offers a quick, cost-effective, and confidential way to settle issues and maintain positive community relationships.
What Are the 4 Types of IP Mediation?
The four main types of IP mediation include:
Patent Mediation – For resolving patent infringement or licensing issues.
Trademark Mediation – For brand or logo ownership conflicts.
Copyright Mediation – For disputes over creative content ownership or royalties.
Trade Secret Mediation – For conflicts involving confidential information or unfair competition.
Each type of mediation allows parties to reach fair settlements while preserving business relationships and avoiding the costs of court proceedings.
Why Choose Mediation for Intellectual Property Disputes?
IP mediation offers privacy, flexibility, and speed compared to court proceedings. It allows both parties to maintain control over the outcome, protect trade secrets, and preserve business relationships—making it ideal for resolving complex intellectual property disputes efficiently.
How Long Does IP Mediation Take?
The IP mediation process typically takes a few days to a few weeks, depending on the complexity of the dispute. Unlike lengthy litigation, mediation moves quickly and focuses on productive negotiation, saving months—or even years—of legal costs and delays.
Is IP Mediation Legally Binding?
Intellectual property mediation becomes legally binding once both parties reach and sign a settlement agreement. While the mediation discussions remain confidential, the signed agreement is enforceable in court, ensuring both sides honor the outcome.
Who Can Act as an IP Mediator?
A qualified IP mediator is often a professional with legal or technical expertise in intellectual property law—such as a retired judge, patent attorney, or licensed mediator. Their role is to guide discussions impartially and help both parties find creative, mutually beneficial solutions.