Home Sellers/Home Buyers Dispute Resolution System (DRS)
Although the vast majority of real estate transactions close without incident, the possibility that a problem or dispute will occur cannot be eliminated. Generally these difficulties are successfully resolved through normal channels of communication and negotiation. Your real estate broker or agent can provide valuable assistance in this regard. Occasionally, a dispute arises which cannot be resolved through negotiation. In the past, when negotiations failed, parties took their cases to court.
Court costs, attorney's fees, and long delays have made traditional litigation an unattractive method of resolving disputes. These problems can be avoided through use of the Home Sellers/Home Buyers Dispute Resolution System.
What is Mediation?
Mediation is a cost effective alternative to litigation. Mediation brings parties together with an impartial third party, who is a trained professional (the mediator) to resolve their dispute and reach a mutually agreeable solution.
Mediation is:
- Less expensive than litigation. Typically each party in the mediation pays a non-refundable administrative fee and the parties share the mediator fee. The cost to each party ranges from $250 - $550 for a three hour conference.
- Faster than litigation. Typically a mediation conference can be scheduled less than 30 days from the initial request.
- Less confrontational than litigation. In mediation, the parties are assisted by the mediator to reach a conclusion that is satisfactory to both.
Who are the Mediators for R-BAR?
Mediators in the Home Sellers/Home Buyers Dispute Resolution System (DRS) are licensed attorneys or licensed agents or brokers who have received formal training as DRS Mediators and agree to participate in the program.
Where can the buyer or seller get more information on mediation?
The Introduction, Guide to Initiating, and Rules and Procdures for Dispute Resolution brochure is available below. You can encourage your client to contact the association office if they have questions.
Dispute Resolution System Brochure
Mediation Transmittal Form
The Mediation Transmittal Form is necessary to initiate the Dispute Resolution System process. Please be sure that names and addresses of all parties are included. Be sure to attach the following pages to the agreement of sale; the first page showing the parties to the agreement, the page containing the mediation clause, and the last page with the signatures of the parties. If you have any questions, please do not hesitate to contact the Association office at info@realestateinberks.com or 610-375-8458. All forms and supporting documentation must be mailed to the Reading-Berks Association of REALTORS®, 2201 Ridgewood Road, Suite 350, Wyomissing, PA 19610.
Mediation Transmittal Form
List of Qualified Mediators
R-BAR has a list of qualified mediators that participate in the DRS process. Please review the list and place a check next to the name of any mediator who you feel may not serve as an objective third party. It is important the mediator does not have a personal or business relationship with either of the parties to the mediation. When the mediator is assigned both parties will be contacted to set a place and time to conduct the mediation conference. The cost of the mediator, generally between $250-$500, is typically shared by the two parties.
List of Qualified Mediators