Mediation | Arbitration for Real Estate & Land Use – Better Than Bankruptcy

Mediation | Arbitration for Real Estate & Land Use – Better Than Bankruptcy

What I’ve learned mediating and arbitrating real estate cases for many years is that disputes involving real property often arouse passions every bit as intense as those seen in divorce and estate litigation. Real estate cases also often involve arcane chain of title issues, boundary locations, land use restrictions and condemnation, trespass,
environmental damage, nuisance, leasing, suits against agents and brokers, etc.

Real property is very important to people, both emotionally and financially. They can be just as heated as a contentious divorce dispute, for example. At the same time as they inspire difficult emotions, they can involve very arcane technical and historical issues that are sometimes very difficult to understand and follow.

Early mediation of real estate disputes and land use disputes is almost always advantageous, as it is in other kinds of cases. A principle reason involves title and the ability to sell or finance real estate. In real estate litigation involving property that is financed, litigation itself often jeopardizes the financing of the property. Litigation makes property impossible to sell because of a cloud on title.

So, in terms of the property owner, early mediation like Mediation Sunshine Coast is always a good idea, otherwise, the property owner is paralyzed until the conclusion of the dispute. And that paralysis can take years.

In addition, if the dispute involves land use, the resolution of the dispute can take many years. I was the lawyer a number of years ago in a civil rights land use case that took seven years just to obtain the right to go to a jury trial. And in that time, my client went bankrupt. Most entities would. The passage of time is usually not going to help clarify ownership to property, or what parties can do with it, or what they can’t do with it.

So, this state of paralysis is inimitable to business, and it doesn’t help private property owners either. They can’t dispose of their property, they may not be to use it the way they want. And they live in a world of uncertainty until trial, or until trial and appeal. And the whole prospect can be financially ruinous and emotionally very, very stressful.

Successful mediation and arbitration of real property disputes requires considerable experience and I’m fortunate to have it. Prior to becoming a full time neutral, I served as corporate counsel for Washington State’s then largest commercial real estate developer. In that role, I regularly encountered some or all of the above real estate issues.

Later, I represented the prevailing party in what remains a landmark Washington land use case. Currently, real estate disputes represent a significant portion of my mediation and arbitration work. Recently I’ve successfully mediated flooding and boundary disputes involving private property owners and governmental agencies, a protracted commercial leasing dispute involving a technology manufacturer and its landlord and a condemnation action brought against a commercial property owner by a municipality seeking to widen an important arterial.

My real estate arbitration experience has included but has not been limited to a multi-million dollar breach of contract action by a private developer against a Port district for alleged failure to perform, partnership and/or joint venture disputes involving commercial building owners, alleged breaches of commercial leases involving substantial tenant improvement and other issues under various leases and disputes involving owners of real estate agencies and mortgage companies and escrow agencies.

I’m confident that my real estate mediation and arbitration experience can benefit you or your client if or when you confront a real property dispute.

Bertram Dispute Resolution, Inc.
316 Occidental Avenue South, Suite 500
Seattle, WA 98104
(206) 624-3388

Gregg Bertram Qualifications:

Gregg Bertram has resolved thousands of cases in 22 years as one of the Pacific Northwest’s most recognized mediators and arbitrators.

From 2000 to 2008 Gregg was a principal at JAMS, the nationwide provider of alternative dispute resolution services, and before that was affiliated with Washington Arbitration and Mediation Services, where he earned the “Master Mediator” designation. Prior to full-time ADR practice, Gregg was a practicing attorney.

Gregg is a board member of the Federal Bar Association Alternative Dispute Resolution Section, and is an American Arbitration Association mediator and Arbitrator. He is also an accredited neutral of the World Intellectual Property Organization and International Center of Dispute Resolution.

Gregg is past chair of the ADR committee of the Washington State Bar Association. He has been recognized as a “Super Lawyer”® for ten consecutive years in Washington Law & Politics magazine, and has received repeated recognition in Seattle Magazine peer surveys as a “Top Lawyer.”

MSportM – Motorsport Mediation

MSportM – Motorsport Mediation


The potential for business disputes is endless. It’s a fact of business life — and it’s no different in the motorsport business.

When it does happen we get everybody together, behind closed doors, and sort out a commercial deal that works for everyone. Our people have been doing commercial mediation in motorsport and other businesses for years. It works, and it costs a small fraction of what it costs to go to court.

Arab Approaches to Conflict Resolution

Arab Approaches to Conflict Resolution


This book examines Arab approaches to mediation, negotiation and settlement of political disputes.
Nahla Yassine-Hamdan and Frederic S Pearson
This book proposes that two clusters of independent variables are potentially responsible for the distinctive nature of Arab conflict resolution. Firstly, those linked with Arab political regimes and imperatives, and secondly those linked with Arab and /or Islamic culture. The text also focuses on the Arab League and its history of involvement in crisis and conflict situations, along with the roles of individual leaders, emissaries and extra-regional actors such as IGOs (Inter-Governmental Organisations) in undertaking mediation initiatives. IGO and Arab League activity has taken on new importance since the various intervention attempts in connection with the ‘Arab Spring’ since 2011.

During the negotiation process, most Arab regimes tend to view conflicts within a broad historical context and Islamic culture prioritises the cohesion of the community and internal stability of the state over individual autonomy. This has created an authoritarian style of leadership, and in practice, leaders in the Middle East have had near absolute authority in the decision-making process—a fact which will have a lot of weight in conflict management and whether peace will endure for a long period of time.

This book is unique in studying these clusters through comparative systematic case study analysis of events prior to and subsequent to the ‘Arab Spring’, augmented by a quantitative analysis of sample data on Arab disputes, compiled from a larger and newly augmented study comprising the years 1945-2000. Complementary data from the Uppsala Conflict Data Program’s (UCDP) data base of armed conflicts since 1975 is also utilized.

This book will be of much interest to students of conflict resolution, peace and conflict studies, Middle Eastern politics and IR in general.
This study of conflict management in the Middle East covers general conflict resolution in Islam, sociological roots of conflict resolution in the Arab World and conflict resolution and the Arab state.

Sesame Street: Robin Williams: Conflict

Sesame Street: Robin Williams: Conflict


Robin Williams and the Two-headed Monster demonstrate the word “Conflict.”

“For more videos and games check out our new website at http://www.sesamestreet.org.

Sesame Street is a production of Sesame Workshop, a nonprofit educational organization which also produces Pinky Dinky Doo, The Electric Company, and other programs for children around the world.”

Workplace conflict – how organisations do (and don’t) deal with it – webinar recording

Workplace conflict – how organisations do (and don’t) deal with it – webinar recording


Would you like to know the common causes of workplace disputes and how to resolve them?

During this interactive and lively webinar, David Liddle and expert guest speakers from CIPD, Plymouth University and Royal Mail, provide proven tools and tips to prevent and resolve conflict in the workplace.

Guest speakers include:
– Jonny Gifford, CIPD Researcher, specialist in employee relations and engagement
– Jane Fairhurst, Head of Employee and Industrial Relations, Royal Mail
– Richard Saundry – Author of the ACAS report on Conflict Management, Associate Professor in HR and Leadership Studies at Plymouth University

This webinar is ideal for HR/ER professionals, business leaders, union representatives and others with responsibility for people management.