California Courts have clearly stated that public policy promotes mediation as a preferable alternative to judicial proceedings is served by requiring the party commencing litigation to seek mediation as a condition precedent to the recovery of attorney fees.
The California Association of Realtors (C.A.R) residential purchase contract states “The Parties agree to mediate any dispute or claim arising between them, or any resulting transaction, before resorting to arbitration or court action”.
Wisely the California Association of Realtors recognizes the benefits of Mediation, vs. Litigation and has launched the C.A.R. Real Estate Mediation Center (www.consumermedation.org) in an attempt to open communication lines between home Buyers and Sellers in Real Estate Disputes.
Mediators who are qualified, specially trained, objective and reliable mediation professionals will be available to California consumers via the website.
Mediators are trained to reach a settlement and to avoid the time, expense and uncertainty of litigating their dispute in California Superior Courts.