Mediation/Small Claims Court
When a Real Estate Dispute Arises, First Call Your Realtor®
Your Realtor® can be instrumental in helping resolve conflicts and disputes. Talk with your Realtor® before you initiate any mediation proceedings. Also, you may wish to discuss the matter with your attorney. Your attorney may be able to provide you with advice and counsel and may be able to help you resolve the matter without having to proceed to mediation.
The Oregon State Bar can refer you to a lawyer who specializes in real estate matters. The referral service is available Monday through Friday, 9:00 a.m. to 5:00 p.m., at 1-800-452-7636.
Small Claims Court
The Real Estate Sale Agreement published by Oregon Real Estate Forms, LLC, provides that in the event of a dispute, all claims within the $10,000 jurisdictional limit of the Oregon Small Claims Court shall be brought and decided there, in lieu of mediation, arbitration, or litigation in any court of law. Click here for more information about Small Claims Court.
What is Mediation?
Mediation is a process used to resolve disputes. In mediation, the parties to a dispute are assisted by a neutral third party called a “mediator.” The mediator facilitates discussions and negotiation with a goal toward reaching a settlement, but is not empowered to impose a settlement on the parties. The mediator’s role is to enable the parties to work with one another to achieve a common goal: a mutually acceptable agreement. If an agreement is reached, the mediator often assists the parties in reducing the agreement to writing.
If you have talked with your Realtor® and made every effort to resolve your dispute, PMAR’s Dispute Resolution System offers mediation to help resolve disputes over $10,000. You must have a fully executed Real Estate Sale Agreement published by Oregon Real Estate Forms, RMLS™ Listing Contract, or other written agreement that contains a Mediation Clause. Click here for an explanation of your dispute resolution options.
All mediators are highly experienced and trained in alternate dispute resolution. PMAR shall assign the Mediator after selection forms have been received from all parties. Please note that a Mediator facilitates discussions and negotiation with a goal toward reaching settlement, but is not empowered to impose a settlement on the parties. Click here to view Mediator bios.
Buyers and Sellers may initiate mediation by completing, signing, and mailing to PMAR the Request to Initiate Mediation packet. Click here to download.
Questions? Contact PMAR Dispute Resolution Services Manager Susan Schneider at 503-459-2156