Dispute Resolution

[Craig]

What is the name of your state? CA

California Residential Purchase Agreement's Section 17 --Dispute Resolution. (Both the seller & buyer initialed)

1) Is it required to handle disputes through Mediation & or Arbitration or can the arbitration be bypassed & go straight to jury trial if one party failed to pay and comply with the mediation appointment?

2) The last paragraph of Section 17 which starts: "Notice: By initialing". The second to last sentence states: "If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the California code of civil procedure"
What does this last sentence mean?

(17B (2) & (3) do not apply to these questions)

Thank You

[PghREA]

If you and the other party in the contract agreed to mediation, and a problem arises that either of you want to seek a legal remedy for, then you must use mediation/arbitration first (before suing).

What is the purpose of having this paragraph in the contract which requires both parties to accept or reject if both parties are not expected to adhere to it?

Mediation is cheaper, faster and effective in many cases.

In my neck of the woods, its costs $350.00 to buy 3 hours of arbitration. The arbitrators are real estate attornies and the dispute is handled within 3-4 weeks. If you are not happy with the outcome, then you can sue.

[HomeGuru]

Originally Posted by Craig

What is the name of your state? CA

California Residential Purchase Agreement's Section 17 --Dispute Resolution. (Both the seller & buyer initialed)

1) Is it required to handle disputes through Mediation & or Arbitration or can the arbitration be bypassed & go straight to jury trial if one party failed to pay and comply with the mediation appointment?

2) The last paragraph of Section 17 which starts: "Notice: By initialing". The second to last sentence states: "If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the California code of civil procedure"
What does this last sentence mean?

(17B (2) & (3) do not apply to these questions)

Thank You

**A: what did your Realtor say these meant?

[Craig]

Thank You for your responses.
Both parties had agreed to and signed off on settling through mediation and or arbitration.
My relator said we would have to use mediation or arbitration to settle any problems. The problem is that when we were suppose to go to mediation, we paid our half for the mediator but the seller didn't pay their half and didn't want to go to mediation. Now my attorney has skipped the arbitration process and has set up a court date for a jury trial. My question is can we bypass the arbitration portion of the contract. I would prefer to go to arbitration and save on the huge expense of going to trial.
Don't we have to go through arbitration as stated in the contract and are my attorney fees recoverable if I win in arbitration?
Thank You

[HomeGuru]

Originally Posted by Craig

Thank You for your responses.
Both parties had agreed to and signed off on settling through mediation and or arbitration.
My relator said we would have to use mediation or arbitration to settle any problems. The problem is that when we were suppose to go to mediation, we paid our half for the mediator but the seller didn't pay their half and didn't want to go to mediation. Now my attorney has skipped the arbitration process and has set up a court date for a jury trial. My question is can we bypass the arbitration portion of the contract. I would prefer to go to arbitration and save on the huge expense of going to trial.
Don't we have to go through arbitration as stated in the contract and are my attorney fees recoverable if I win in arbitration?
Thank You

**A: in my opinion, your attorney should have filed for arbitration.

[Craig]

That's our thoughts exactly.

Thank You

[HomeGuru]

Originally Posted by Craig

That's our thoughts exactly.

Thank You

**A: you are welcome. Do not be surprised if the other side files a Motion To Compel.