Mediation in real estate law

Mediation allows for exploring all avenues through dialogue and reaching a custom-tailored solution based on the parties' needs.

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More and more, real estate sales contracts include mediation clauses. These clauses allow parties to avoid resorting to the courts in the event of a dispute between the parties to a sales agreement.

Mediation is an increasingly popular alternative dispute resolution method due to the flexibility it provides to the parties. Mediation allows for the exploration of all avenues through dialogue and the achievement of a tailored solution based on the parties' needs.

An exhaustive list of the different situations in which a mediator can intervene cannot be compiled, but here are some examples for illustrative purposes:

  • A dispute between a seller and a buyer arising from the interpretation of a purchase offer or a sales agreement;
  • A dispute arising from hidden defects or encumbrances affecting the sold property for the buyer;
  • A dispute arising from the allocation of costs related to the sold property between the seller and the buyer;
  • A dispute between two neighbors due to an easement or encroachment.

Why let a dispute worsen and become more complicated through judicial proceedings?

With their training and experience as impartial legal advisors, notaries are the ideal professionals to act as mediators in your dispute. They will help you find a satisfactory solution that takes into account the interests of each party and, above all, will be much faster and much less costly than a court settlement.

In the event of a deadlock, mediation can be followed by arbitration, where an arbitrator chosen by the parties will resolve the dispute after hearing the arguments from each party.

Consult the professionals at Notaire-Direct who will advise you according to your needs.

If you need more information on this service, please contact us
514 374-4303
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