The Mediation Process / New Jersey Real Estate Mediation

The Mediation Process is a 10-step procedure that is outlined below: (Subject to modification based on individual case representation).

Initiating Contact

A chosen NJREM mediator will initiate communication with all involved parties through a written statement and/or a telephone call in order to arrange a mutually suitable date for all parties involved. Specifically, the mediator will achieve two goals through this opening contact. First, we will ensure that the individuals with authoritative power in their respective parties will attend the mediation. Secondly, we will make certain that individuals from both parties are truly dedicated to reaching a solution. We will also make them aware that they will need to dedicate as much time as realistically necessary to reach an amicable conclusion.

Collection of Agreements

The next step is collection of Mediation and Confidentiality Agreements from both parties. The Mediation Agreement outlines the provisions of the mediation and describes the terms of the fee arrangement. The Confidentiality Agreement is an in-depth explanation of how your privacy will be protected throughout the mediation process. These documents avoid legalese and are written in plain English in order to clarify any phrasing that might be misconstrued or misinterpreted.

Discovery of Materials

This process allows each of the parties to bring forth any supporting materials and documents that they believe will be relevant to mediation process.

Personal Communication

As your NJREM mediator, it is our personal obligation to make ourselves as available as possible to you, in order discuss any matter related to the dispute. We invite and encourage members from either party to contact us with questions and/or concerns they might have. All discussions with a mediator are kept confidential and will remain private unless specifically noted otherwise.

Commitment to Neutrality

New Jersey Real Estate Mediation, LLC is committed to providing expertly trained mediators that are faithfully devoted to upholding their neutrality and avoiding biases at all times. We are dedicated to keeping an open-mind and remaining nonaligned with either party

Commencement of Mediation

Individuals from both parties will arrive at the neutral location on the specified date and the mediation will begin once everyone has appeared.

Opening of the Session

The actual mediation process will begin by allowing each of the parties on a turn by turn basis, to explain their position with their own words and with whatever supporting materials they feel will help their explanation. Once a party has completed their turn, the next party will be given an opportunity to present their side. Once both sides have finished, the NJREM mediator will then host two private meetings with both sides.

Private Session

Within the private meeting, the NJREM mediator will review what occurred during the initial statements from either party. The purpose of this private session is to determine what the goals of each side are in order to develop a plan to best negotiate for these desired objectives. Next, the NJREM mediator will ask the party to establish a solution to conclude the dispute. If the solution is reasonable, the mediator will privately meet with the other party to explain their proposed solution in detail.

Process to Solutions

In most situations, the first proposal or solution is often met with a counterproposal. Both parties will usually send a modified version of the solution to each other for a few hours before an actual arrangement is agreed upon. Whenever it is suitable, the mediator will intervene with suggestions in order to further the progress of the mediation. Unlike litigation, nobody is required to reach a solution and either party has the freedom to leave whenever they please. However, if one party decides to leave, it is the NJREM mediator’s duty to explain what will happen if an agreement is not reached.

The Solution

The majority of mediations are settled on the same day that they begin. The sensibility of mediation is that there is usually not a winner and a loser. Instead, both parties walk away with something beneficial. However, in the rare case that a solution is not reached on the first day, the NJREM mediator will continue to work with both parties until a solution is reached.

New Jersey Real Estate Mediation, LLC
Heritage Manor, 2809 Concord Drive, Wall, New Jersey 07719
(O) 732.428.7222 (C) 732.580.6394 (Email) njrem@optimum.net