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Commercial real estate dispute resolved via mediation

In many types of legal disputes that arise in the state of Pennsylvania there is more than one way to reach a resolution. While in some situations taking a case to trial may be best, other times an alternative dispute resolution method such as mediation may be more effective. Recently a real estate matter in another state was resolved using this method.

The incident at the heart of the matter arose in the course of the construction of a commercial property in the city of Miami when the remnants of a prehistoric Tequesta Indian village were discovered. The development being constructed is slated to house a movie theater, restaurants and a hotel. As a result of the mediation, it will now be home to other things as well.

Among other things a public museum as well as a plaza with exhibits of artifacts uncovered will now also be included. In addition, the developer agreed to change its design so that an area believed to be the foundations of Tequesta structures will be enclosed in glass.

This outcome is the result of two days of what has been described as intense mediation that spanned 12 hours each day. In addition to the developer, historic-preservation staffers, preservationists, and the consulting archaeologists participated in the meeting. The city’s commissioner indicated that as a result of the mediation, “everybody’s satisfied.” It is expected that the city commission will approve the agreement. This outcome is a good example of how mediation could be used to resolve a real estate dispute. Rather than there being winners or losers, reports indicate that all who participated received something in the agreement.

Source: Miami Herald, “Intense mediation leads to agreement on historic Tequesta site in downtown Miami,” Andres Viglucci, March 20, 2014

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