As heard on…
I am on a talk show guest of Barry Burnett’s radio show entitled Investing Insights with Barry Burnett. We will speak about the subject of how mediation can be useful for real estate investors as a tool in their toolbox. The radio interview will air Saturday night at 8:00pm on KABC radio 790AM. You can also listen online at www.barryburnettradio.com. Please share with anyone that may be interested.
According to the Press-Enterprise, judicial caseloads in Riverside and San Bernardino Counties are the heaviest in the state. (“I.E. Courts Shortchanged,” 12/21/13, page A2) Columnist Cassie MacDuff concluded, “It means Inland judges can’t devote the time they’d like to weighing decisions. It means victims and witnesses must drive many miles to reach courthouses that haven’t been shuttered.” What does this mean to you if you have a legal problem that needs to be decided? It means you should consider mediation as a first—and hopefully final alternative to a trial. As it turns out, mediation is often a very happy alternative to trial.
You can benefit from having an early mediation rather than waiting until just before trial. One advantage is that you give your perspective and understand your opponent’s. A big mistake in lawsuits is assuming you know what the case is really about. Take the situation of homeowners who hire a contractor to do build a house. If the contractor doesn’t complete the work according to specifications, the homeowners may conclude that they will certainly win at trial. Mediation may reveal a reason why the contractor didn’t complete the work. If there was granite underneath the ground and the contractor hadn’t agreed to do extraordinary work without extra compensation, this information would be most helpful.
Early mediation can show you what further information is needed to determine whether you are really right. It can show you what questions are important if you go forward. What are the factual issues? What are the legal issues?
You might be able to resolve the case right then. But even if you don’t, you have the opportunity to focus on what is important and save you time and cost throughout the preparation phase before trial.