Dear Monty: We recently sold our home. Everything went smoothly from beginning to end. A week ago, we received a letter from the buyer. They want us to write a substantial check because they discovered a problem they claim we failed to disclose. The reason for contacting you is that they are requesting that we agree to mediation as opposed to litigation. We are just now becoming familiar with mediation. Should we decide on mediation or call an attorney to handle it?
Monty’s Answer: Mediation is an alternative method deployed to help parties resolve a problem. Mediation differs from litigation in the following respects. No. 1: No courtroom, judge or jury is part of the process. No. 2: The mediator may or may not be an attorney. No. 3: There are often two mediators. No. 4: Mediation is voluntary. The mediator is an impartial participant in the mediation and will not resolve the dispute or offer advice about its resolution. The goal is to have the two parties reach an agreement together rather than a court decision.
