About Arbitration

California Construction Law and Real Estate Arbitration Lawyer

As your arbitrator in your real estate or construction dispute, I will serve as an impartial neutral third party. I will listen to presentations of each party's position. After I have heard all the arguments and evidence put forth by both sides, I will make a determination giving each body of evidence the weight it deserves. Most rules of evidence are relaxed in arbitration procedures, allowing me to focus on fairness.

The California Code of Civil Procedures spells out very explicitly how and when arbitration is to be used in resolving real estate disputes and other types of disputes.

Contact attorney Steven Cohen of Cohen & Associates in Santa Monica, regarding his services as an arbitrator in legal disputes including the following:

  • Construction: Defects, contracts, building code compliance, transactional disputes, duty of due care, disclosures and other disputes
  • Real Property: Contracts, disclosure, duties of due dare, property lines, encroachments, misrepresentation, HOA's, TDS and real estate transactional documents
  • Insurance matters, including coverage, breach of contract, bad faith claims, punitive damages, collateral sources, scope of work and other insurance transactional disputes

To Avoid Construction and Real Estate Litigation

In construction and real estate matters, arbitration is a major means of settling disputes. In many construction contracts, an "arbitration clause" is designated as the preferred method for resolution of disputes between the parties to the contract.

As arbitrator, I may serve as the senior presiding chair in a three-person arbitration panel or as the single independent presiding neutral. Your dispute may be resolved through any of the following methods:

  • Traditional arbitration with the arbitrator serving in a judge-like capacity.
  • Med-Arb (mediation/arbitration hybrid) by which you mediate first. If the dispute is not settled, you move on to binding arbitration. This process normally requires the participation of two neutrals to preserve evidentiary neutrality.
  • Arb-Med procedure (arbitration/mediation hybrid) by which you arbitrate first, then mediate. Once the arbitration is complete, I will make a binding decision which is not disclosed. You and your legal opponents will then mediate. Only if you are not successful in arriving at a resolution, I will announce my arbitrated judgment and the parties are bound by the decision.

Cohen & Associates will administer your arbitration, or if you prefer to have an independent tribunal administrator, we facilitate the involvement of the American Arbitration Association as well as other tribunals.

Call or e-mail the law firm to schedule an initial consultation regarding arbitration as an alternative dispute resolution method in real estate or construction law.