1. What is mediation? 

Mediation is a non-adversarial, confidential process in which a neutral third party (the mediator) helps parties in a dispute reach a mutually agreeable resolution.  Mediation is voluntary and non-binding unless both parties agree to a settlement in writing.

2. What is the role of the mediator? 

The mediator is a neutral third party who helps the parties resolve their dispute. The mediator does not decide the outcome, take sides or provide legal advice to the parties. Instead, they facilitate communication and help the parties find common ground. 

3. When is mediation appropriate? 

Mediation may be initiated at any time by a party attempting to resolve a dispute.  Sometimes mediation is required (see question 4 below) and other times it may be a useful tool to efficiently and affordably resolve a dispute. 

4. Is mediation required? 

Mediation is required when the parties have agreed to it in advance. Mediation is required within the California Association of REALTORS® Residential Purchase Agreement (“RPA”), with the parties agreeing to mediate through the C.A.R. Real Estate Mediation Center for Consumers, or another mutually agreeable service. Mandatory mediation clauses are also frequently contained in other real estate-related agreements.

5. Must the parties agree to resolve their dispute during the mediation? 

No. While the mediation process frequently assists the parties in resolving their dispute, mediation is non-binding unless the parties reach and sign a settlement agreement. Once the parties have signed a settlement agreement, they are legally bound to abide by its terms. If there is no agreement, the parties may pursue court or arbitration, as applicable.   Even if no agreement is reached, mediation can be a valuable resource to help the parties express their grievances and focus their issues as they work toward resolving their dispute.

6. How do I begin the mediation process? 

Simply complete and submit the Request for Mediation, available for submission here.  We also recommend that you seek legal counsel as we are unable to provide legal advice.  While we encourage you to contact the other party to your dispute to inform them you are submitting a mediation request, you are not required to do so. 

7. Who are our mediators? 

Our panel mediators are specially trained on disputes that arise under C.A.R.’s real estate contracts and have significant experience mediating real estate disputes. Prior to acceptance on our panel, mediators are vetted to ensure they possess the training and qualifications necessary to successfully mediate real estate transaction disputes.  Panel mediators are required to have no personal interest in the outcome of the mediation and disclose any conflicts that may exist.

8. How do I choose a mediator? 

You may select a mediator from our panel, or we can propose mediators to the parties.  In most cases, we will randomly propose a selection of mediators from our panel.  Where the parties request an in-person mediation, we will propose a selection of mediators from our panel based upon the property location and/or location of the parties.  Mutual agreement by the parties to mediator assignment is required. 

9. Why choose the California Association of REALTORS® Real Estate Mediation Center for Consumers to mediate your dispute? 

Our mission is to provide a supportive and confidential process that will assist parties to reach a mutually agreeable settlement to avoid the time, expense and uncertainty of litigation. We can mediate almost any type of dispute between buyers, sellers, landlords, tenants and other parties to a real estate transaction. In the rare case that the Center declines your request to mediate, all filing fees of the parties will be refunded.  In addition, mediation of disputes between REALTORS® may be available at low or no cost at their local association of REALTORS®.  

10. How much does mediation cost? 

Fees for mediation are outlined on our website here and vary depending on the mediator and case complexity.  

11. Who pays for the mediation? 

Mediation fees are typically shared equally by the parties unless otherwise agreed. The California Association of REALTORS® Residential Purchase Agreement (“RPA”) provides for the cost of mediation to be split equally by the parties. 

12. Who should attend the mediation? 

All parties necessary to settle the dispute, and their counsel if represented (see question 13 below), should attend the mediation. Parties may invite voluntary participants ("Interested Persons") to the mediation subject to approval by the mediator.  Parties, counsel and Interested Persons will be required to sign a confidentiality agreement.

13. May the parties be represented by counsel at the mediation? 

Yes.  Any party may be represented by counsel.  When a party is represented by counsel, communications about the mediation should be made directly with their attorney.  The mediator and all parties must be notified in writing at least ten (10) days in advance of the mediation date if they will be represented by counsel. Failure to comply with this notice may result in the need for a continuance and a continuance fee against the party requesting the delay as provided in Fees and Costs.

14. May the parties include witnesses at the mediation? 

At times, the mediator may allow for the participation of a witness and other Interested Persons. Interested Persons have no obligation to participate in the mediation.  You should contact your mediator to discuss whether these individuals will be helpful to resolve the dispute.  If you invite an agent to participate in a mediation, the Center will copy their broker.  The mediator and all parties must be notified in writing at least ten (10) days prior to the mediation date if an Interested Person will participate.  Failure to comply may result in the need for a continuance and continuance fee against the party requesting the delay as provided in Fees and Costs.

15. Is the mediation confidential? 

Except as otherwise provided by the California Evidence Code or California law, all communications, negotiations, or settlement discussions during a mediation are confidential and are not admissible or subject to discovery.

16. How long does the process take? 

In most cases, the mediation will be held within 60 days of the date the Center accepts the request to mediate.  The parties are required to commit to a minimum of 4 hours of mediation time (unless otherwise noted in the mediator’s profile) to ensure sufficient time for the mediation process to be successful.

17. How do I prepare for mediation? 

The parties should provide any information and documents they believe will assist the mediator to understand the issues.  Your mediator may ask for a mediation brief, but typically no specific format is required. 

18. Where does the mediation take place? 

Most sessions are conducted online. In-person sessions may be arranged if agreed upon by the parties and mediator.

19. How do I provide feedback about my mediation or mediator? 

You will be asked to complete a brief survey about your mediation experience following the mediation.  In addition, feedback and questions may be directed to [email protected].