Quote:
Originally Posted by emm74
Having a lawyer doesn't preclude mediation, it just means that the lawyer is there to advise you during the process. I would think it would lead to more productive negotiations, because I think someone who is being told by a lawyer that yes, this is a reasonable resolution and you aren't likely to do much better in court would be more likely to settle instead of thinking that going to court is going to be like winning the lottery.
At least that's my experience handling non-real estate legal cases.
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In my area, earnest money disputes are not big dollars. If someone had to pay an attorney by the house, plus pay for the mediation services, by the time they "win", there is nothing to have won because they're paying everything out. Mediation is supposed to be a less expensive route and attorneys aren't necessary for the process, but I understand where it would be a good idea in higher-dollar situations.
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