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Agreement Between the Parties: In some cases, parties involved in a real estate dispute may mutually agree on a specific mediator or arbitrator. This can occur when the parties are familiar with a qualified neutral, have worked with them in the past, or have received recommendations from trusted sources.
Agreeing to a Mediator The parties agree to a mediator. The mediator chosen is typically an attorney located where the dispute is centered. Typically the mediator has had prior experience handling cases like the dispute in question and is familiar with the issues involved.
If the parties are unable to agree on a proposed arbitrator, each party ranks the list of arbitrators in order of preference. The AAA extends an invitation to the highestranked mutually agreeable candidate and facilitates a conflicts check.
All applicants must meet the following minimum requirements: CEDR Accreditation. All CEDR Mediators have successfully completed either: Mediation Experience and Compliance with Civil Mediation Council Requirements: Conducted or observed at least 10 mediations; and. Insurance.
There are widely recognized criteria to select arbitrators, such as impartiality, independence, honorability, availability, but, in most situations, parties have to take into consideration much more in order to feel comfortable with the outcome and be confident in the judgement of the arbitral tribunal.

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The main distinction between the two is who makes the final decision. With mediation, the final decision is a reached agreement between the two conflicting parties, while arbitration calls on an arbitrator to analyze the case details and reach a verdict.
Selecting the right mediator or arbitrator is a crucial step in alternative dispute resolution for real estate disputes. Parties should consider factors such as neutrality, expertise in real estate law, communication skills, and experience in ADR when making their selection.

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