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.”

Chapter 2 – Family Dispute Resolution at the Family Relationship Centre

Chapter 2 – Family Dispute Resolution at the Family Relationship Centre


Moving Beyond Family Conflict
A Guide to Family Dispute Resolution in the Northern Territory

This DVD has been produced to inform and educate people accessing the family law system about their options for family dispute resolution. After viewing the resource people should be confident in making a more informed decision about the process that will most suit them. The different range of outcomes from family dispute resolution are also explained, as well as options for people if an agreement is not reached at family dispute resolution. Information on a range of post separation support services, such as Children’s Contact Centres and Parenting Orders Programs is also included.

International Commercial Mediation (Dispute Resolution Guides)   — Download

International Commercial Mediation (Dispute Resolution Guides) — Download


Download Here: http://tinyurl.com/q3tymlo

International Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.

Whatcom Dispute Resolution Center Peaceful Poetry Youth Contest – Zach

Whatcom Dispute Resolution Center Peaceful Poetry Youth Contest – Zach


Zach is a recipient of the Whatcom Dispute Resolution Center 2013 Peaceful Poetry Youth Contest. This annual contest highlights the the WDRC Youth Program, designed to empower young people to resolve conflict without aggression and build healthy relationships. Through specialized trainings and youth mediation services, the Youth Program serves over 1000 students in Whatcom County each year. Learn more about the Whatcom Dispute Resolution Center, our Youth Program, and this year’s Peaceful Poetry Youth Contest at: http://whatcomdrc.org/. Thank you to BTV10 for shooting and producing this video

Law without Government: Conflict Resolution in a Free Society

Law without Government: Conflict Resolution in a Free Society


This is part 2 of my video series exploring a society where law is provided not by government, but by competing voluntary institutions.

In this part, Alice is mugged, and her protection agency identifies Bill as the mugger. But Bill protests his innocence. Things start to get interesting when Bill’s protection agency stands by him.

How will the two protection agencies resolve this conflict?

Transcript: http://managainstthestate.blogspot.co.uk/2012/05/transcript-for-law-without-government.html

Part 1 (Principles): http://www.youtube.com/watch?v=khRkBEdSDDo
Part 2 (Conflict Resolution): http://www.youtube.com/watch?v=8kPyrq6SEL0
Part 3 (The Bargaining Mechanism): http://www.youtube.com/watch?v=5qmMpgVNc6Y

Here is a blog response to one of the comments made below: http://managainstthestate.blogspot.com/2011/09/response-to-comment-on-my-video.html

Mediation Commercial

Mediation Commercial


A perfect example of a Mediation Commercial used for educational purposes only. Rubin’s Mediation Service is NOT a real business and the information at the end of this video is NOT real.

25. Dispute Resolution Processes – Part 1.m4v

25. Dispute Resolution Processes – Part 1.m4v


There are numerous dispute resolution processes that a business can use to resolve industrial conflict. These are: grievance procedures, negotiation, mediation, conciliation, arbitration, common law action, and business or division closure. This HSC Business Studies PODCLASS will explain the first four of these.

Whatcom Dispute Resolution Center Peaceful Poetry Youth Contest – Rudy

Whatcom Dispute Resolution Center Peaceful Poetry Youth Contest – Rudy


Rudy is a recipient of the Whatcom Dispute Resolution Center 2013 Peaceful Poetry Youth Contest. This annual contest highlights the the WDRC Youth Program, designed to empower young people to resolve conflict without aggression and build healthy relationships. Through specialized trainings and youth mediation services, the Youth Program serves over 1000 students in Whatcom County each year. Learn more about the Whatcom Dispute Resolution Center, our Youth Program, and this year’s Peaceful Poetry Youth Contest at: http://whatcomdrc.org/. Thank you to BTV10 for shooting and producing this video