A surfer writes:

… I have a question ~ I am a Realtor.  I sold a house for a client and have all the proper documentation requited.  Contract with the client that he is to pay me 3% at the time of closing.  Then at closing, he realized that he was upside down and said that he would pay me later.  I closed the property.  He has never paid me.  He is now building houses left and right and making money.  How would I go about getting him to mediation?  If he does not show up, does that mean that I win a judgement?  Then can I put a lien on his properties?  Thanks for your help!

Kris Responds:

Give the Case Management staff a call at the center and let them advise you on the steps to obtain a mediation.

The mediation process is statutorily protected as a volunteer endeavor, therefore, there are no ‘sanctions’ for not showing.  However, the court looks favorably on those who try to mediate and scrutinizes those who don’t, therefore, usually it is in everyone’s best interest if a mediation is attempted in good faith.

The staff will handle the call to the other party.  They will do their best to demonstrate how the mediation can be in the best interest of both you and contractor.  Surely, if he is doing well, he doesn’t want to take the time or money to conduct a legal fight with you.  There’s minimal risk with a mediation and a good chance (about 70% of the cases settle and 98% of all parties were satisfied) that it will serve you both..

Kris