Real Estate/Real Property Mediation, Arbitration and ADR Services

Disputes in the real estate sector can be extremely complex and expensive, especially when the disagreement suspends work on a major development or delays a transaction for months or years. Landlord/tenant disputes can be particularly contentious. Mediation or arbitration allows faster and less costly resolution of disputes than litigation, keeping projects moving forward and fostering stronger buy-in from all parties.

Mediators and arbitrators from JAMS apply knowledge from all aspects of the commercial real estate and real property sector, spanning office, retail, hospitality, health care, multi-family, industrial and mixed-use properties. Because disputes can arise at any point in the lifecycle of a property or transaction—from zoning and financing to construction and leasing—the diverse experience of our panelists is invaluable.

Alternative dispute resolution (ADR) achieves reasonable, practical outcomes. Real estate and real property are unique in their ability to produce value and generate ongoing income for investors, lenders, insurers, owners, landlords, tenants and others. Disputes can severely disrupt this financial model. The speed and efficiency of ADR can protect the financial interests of all involved, lessens any potential negative publicity and preserves valuable working relationships.

Our team can address disputes via in-person, remote or hybrid ADR sessions for projects in North America, Latin America, Europe, the Middle East and the Asia-Pacific region. When appropriate for the case, JAMS utilizes powerful cloud-based technologies to offer cost-effective and convenient virtual mediation and arbitration services.

JAMS is the world’s largest private in-person and virtual ADR provider. We excel at resolving disputes involving a variety of constituencies, from multinational companies and sophisticated REITs to local owners, tenants, property managers and contractors.

Members of the JAMS real estate ADR team are attorneys or retired federal or state judges with extensive real estate and related experience. Knowledgeable in relevant laws and regulations at federal, state and local levels, they find creative solutions, often offering flexible responses that would not be possible via litigation. Our arbitrators and mediators consistently show a mastery of the critical nuances of transactions, regulations, contracts, real property rights and liability protection. 

Our real estate mediators and arbitrators are supported by skilled case managers, who work with client attorneys to select panelists best qualified to address the specific issues at hand and manage case logistics and communication.

JAMS provides mediation and arbitration services to entities across the real estate spectrum—from investors, developers and owners to property managers, tenants and lenders. Representative matters include the following:

Purchase and sale of property

• Title defects, liens and other conveyancing issues
• Property valuation
• Toxic waste or other environmental issues
• Undisclosed property defects
• Short sale negotiation
• Disputes over broker commissions

Real estate lending and financing

• Transactional disputes
• Escrow disputes
• Tax structuring
• Loan modifications, refinancing and workouts
• Foreclosure
• Bankruptcy
• REIT structure and income distribution
• Local incentive funding (TIF, CID, TDD, etc.)

Construction

• Breach of contract
• Construction defects and warranty claims
• Determining costs of delays

Landlord/tenant

• Habitability and quiet enjoyment
• Legality of rental unit
• Wrongful eviction
• Interpretation of lease provisions
• Rent calculations
• Permissible use restrictions
• Subleasing
• Allocation of common expenses

Real property

• Property rights
• Boundary disputes and easements
• Deed restrictions
• Eminent domain and inverse condemnation
• Mineral rights
• Land use approval, zoning and permitting
• Soils and riparian rights issues

Property management

• Performance and payment of contractors
• HOA covenants and responsibilities
• Co-owner or joint-venture disputes

Insurance

• Limitations of coverage
• Liability disputes

Intellectual property

• Misuse of confidential information
• Licensing of brands

Pandemic-related issues

COVID-19 left in its wake major challenges across the entire real estate industry, notable among them eviction moratoriums and grace periods for unpaid rent. Experienced arbitrators and mediators from JAMS are helping to resolve these cases outside of the severely backlogged court system as well as other pandemic-related disputes involving the following:  

• Business interruption insurance
• Force majeure contract clauses
• Foreclosures
• Loan modifications
• Delayed rent workouts
• Renegotiation of office leases due to work-from-home policies
• Construction delays caused by lockdowns and supply chain disruptions
• Increased construction costs resulting from PPE and other mandates
• Costs related to workplace health and safety upgrades

JAMS successfully resolves business and legal disputes by providing efficient, cost-effective and impartial ways of overcoming barriers at any stage of conflict. JAMS offers customized, in-person, virtual and hybrid dispute resolution services through a combination of first class client service, the latest technology, top-notch facilities, and highly trained mediators and arbitrators.