Real Estate & Construction

Real Estate, Land Court, and Construction cases often benefit from mediation or arbitration.  MWI has the distinction of being an “Approved Provider” by the Chief Justice of the Land Court Department to provide ADR services for land use issues, permit session cases and real estate disputes and our construction neutrals are recognized leaders in their field.


SAMPLE MEDIATORS AND ARBITRATORS - click on a name or picture for more information


Jane Juliano


Hon. Peter W. Kilborn


Brett Little


Joel Reck


Jack Wofford


SCOPE OF SERVICES

MWI’s experienced mediators and arbitrators are available to assist you in resolving cases. While many cases are referred from the Land Court, MWI also provides services and receives referrals from attorneys, neighbors, unmarried couples, and those involved with construction projects with multiple parties and stakeholders. Additionally, MWI offers a free Screening Conference where people come to MWI to learn more about participating in mediation or arbitration.


TYPES OF DISPUTES

MWI provides the real estate and construction industries with experienced and effective mediators and arbitrators with expertise in:

Breach of Contract Adverse Possession Disruption/Impact
Equitable Adjustment Boundaries Constructive Acceleration
Delay Condo Associations Neighbor Disputes
Easements Title Zoning Variances
Jointly Owned Property Summary Process
Petition for Partitions

SAMPLE ENGAGEMENTS

  • A sub-contractor for a housing development project was hired to clear and grade each phase of the development, build roads and sidewalks and install water, sewer and utility lines. Much of the work did not pass inspection. The contractor terminated the contract for cause. The subcontractor sued for money owed. For the mediation, the parties requested a mediator who was familiar with building projects and could read a blueprint. Before the mediation, the mediator conducted a site visit with counsel for both parties. The parties reached a monetary agreement and decided to end any future business relationship.

  • Two parties were in litigation over a boundary dispute.  One party alleged a boundary line violation claiming misinterpretation and an erroneous survey.  The buyer had already sub-divided the lots and built homes on them, each of which were required to meet a minimum zoning requirement for the land they were claiming.  Years of litigation and expenses had taken place trying to determine if the survey was correct or not.  To make matters worse for one party, his title insurance company would not pay the legal costs because there was a survey exception in the policy.  Before contacting MWI for mediation services, he had already spent over $20,000 in legal fees. A four hour mediation at a cost of $900 per party resulted in a land swap, a parking space for the person who wanted one, and for money damages to be paid by a title insurance company to the party whose title insurance company did not cover his legal fees.  


Please contact Josh Hoch at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or 800-348-4888 x23 for a no-fee consultation to learn more about MWI's Real Estate and Construction Mediation and Arbitration Services.