Legal Question in Real Estate Law in California

This is for a real estate contract dispute, using CAR forms. My attorney demanded mediation for a contract dispute. He suggested three mediators in the same county where the dispute took place, contract was executed, defendant lives. The opposing counsel suggested three other mediators whose expertise is more along the lines of their defense to the claim. The mediators opposing counsel chose are also from different counties. My lawyer seems inclined to go with the opposing counsels choice, which I disagree with, hence looking for help here, and Iíd rather not agree to the other partyís mediator choices. Here are my questions:

1. What happens if we canít agree on a mediator? Do we proceed with arbitration next, or can we force him to accept one of our suggestions?

2. Can the opposing counsel stand firm on his choices? Or does that demonstrate an unwillingness to mediate and therefore we can proceed to arbitration?

3. If we canít agree on a mediator, will it be any different for an arbitrator?

4. If we canít agree on an arbitrator are we left to sue in the court of law?

Any other advice is greatly appreciated.


Asked on 11/04/14, 4:14 pm

2 Answers from Attorneys

William Christian Rodi Pollock

You should be talking with your lawyer. He reccomends. You are the client and make the decisions.

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Answered on 11/04/14, 5:46 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Your attorney can't and should not be demanding anything. You are the client and he/she is the attorney. YOU and only you make final decisions. An attorney is only there to counsel you.

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Answered on 11/05/14, 8:11 pm


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