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Real estate dispute mediation is a confidential negotiation process in which a neutral mediator helps property owners, buyers, sellers, and tenants resolve real estate conflicts without litigation.
Joseph P. Farina, retired Chief Judge of Florida’s 11th Judicial Circuit and Florida Supreme Court Certified Circuit Civil Mediator at JAMS, mediates real estate disputes involving boundaries, title defects, tenant claims, and property damage across Miami-Dade, Broward, and Palm Beach counties.
Stop letting a property dispute drain your time and equity — schedule a mediation with Judge Farina today.
Real estate mediation resolves disputes arising from residential and commercial property transactions, ownership conflicts, and landlord-tenant relationships. Florida courts regularly refer real estate cases to mediation under § 44.102 because property disputes frequently involve ongoing relationships among neighbors, co-owners, or association members that litigation can further damage.
| Dispute Category | Common Triggers | Applicable Florida Law |
| Title Defects | Public record errors, unpaid liens, undisclosed encumbrances, forgery | Johnson v. Davis (1985); § 689.25 |
| Boundary Disputes | Survey discrepancies, fence encroachments, and adverse possession claims | § 95.18; § 95.16 |
| Seller Disclosure Failures | Undisclosed structural defects, mold, flood history, code violations | Johnson v. Davis; § 689.261; § 404.056 |
| Landlord-Tenant Conflicts | Lease violations, security deposit disputes, habitability complaints | Chapter 83, Florida Residential Landlord and Tenant Act |
| Condominium/HOA Disputes | Board authority challenges, common element maintenance, and covenant enforcement | § 718.1255; § 720.311 |
| Prior Property Damage | Undisclosed hurricane, flood, or fire damage affecting sale price | Johnson v. Davis (hurricane and fire damage); § 689.302 (flood damage specifically) |
A title defect is a legal problem with the ownership record that prevents a seller from transferring a clear title to a buyer. Title defects cause real estate disputes when a purchaser discovers after closing that the property carries liens, encumbrances, or competing ownership claims that were not disclosed before the transaction.
Florida title disputes arise from multiple categories of ownership record problems:
Each category represents a distinct legal problem that prevents the transfer of ownership until the defect is resolved.
Title defect disputes involve multiple parties — buyers, sellers, title companies, lienholders, and mortgage servicers — who share an interest in closing the transaction.
Mediation allows these parties to negotiate lien releases, cure timelines, and price adjustments in a single session, preserving the underlying real estate transaction rather than abandoning the deal through adversarial litigation.
Boundary disputes arise when two adjacent property owners disagree about the precise location of the dividing line between their parcels. Common triggers include:
Florida law recognizes adverse possession under § 95.18, which allows a person who occupies land openly and continuously for seven years — while paying all property taxes and filing a return with the county property appraiser — to claim legal ownership.
Unresolved boundary encroachments can therefore create exposure to adverse possession if the legal owner fails to assert property rights promptly.
Mediation resolves boundary disputes faster than quiet title litigation by helping neighbors agree on boundary lines, fence placement, easement terms, or compensation for encroachments — outcomes a judge cannot order because they require voluntary cooperation between parties who must continue living next to each other.
Your property dispute does not have to destroy a neighborhood relationship — contact Judge Farina to reach a resolution through mediation.
Florida requires sellers of residential real property to disclose all known material facts affecting property value that are not readily observable and are not already known to the buyer.
The Florida Supreme Court established this standard in Johnson v. Davis (480 So. 2d 625, 1985), and subsequent statutes expanded the disclosure framework to include specific categories.
Florida law imposes separate disclosure mandates for:
Prior property damage from hurricanes, flooding, or fire falls squarely within the Johnson v. Davis disclosure duty when the seller has actual knowledge of the damage.
Seller disclosure disputes involve factual questions about what the seller knew and when, combined with damage calculations for repair costs or diminished property value.
Mediation allows both parties to review inspection reports, contractor estimates, and insurance documentation with the mediator, so they can negotiate a repair credit or price adjustment without the expense of depositions and expert witness fees required in litigation.
Tenant-related disputes and condominium association conflicts are among the most common categories of real estate mediation in South Florida. Both involve parties who must maintain ongoing relationships — landlords and tenants share a lease term, and unit owners share common elements and governance structures.
Florida’s Residential Landlord and Tenant Act (Chapter 83, Florida Statutes) governs lease disputes, security deposit claims, maintenance obligations, and eviction procedures.
Mediation resolves lease interpretation disagreements, habitability complaints, and security deposit disputes without the cost and delay of county court litigation, so landlords can preserve rental income and tenants can maintain stable housing.
Florida’s Condominium Act requires mandatory nonbinding arbitration or presuit mediation under § 718.1255 for disputes involving:
HOA disputes are subject to a parallel presuit mediation requirement under § 720.311.
Judge Farina has mediated condominium and homeowner association disputes as part of his JAMS real property practice, building on 30+ years of judicial experience with complex, multi-party civil matters in South Florida.
| Dispute Type | Presuit Requirement | Governing Statute |
| Condo: Board authority, common elements, elections | Mandatory nonbinding arbitration or presuit mediation | § 718.1255 |
| HOA: Covenant enforcement, use restrictions | Mandatory presuit mediation | § 720.311 |
| Landlord-Tenant: Lease disputes (non-eviction) | Court-ordered mediation available under § 44.102 | Chapter 83; § 44.102 |
| Title/Boundary: Ownership conflicts | Voluntary or court-ordered mediation | § 44.102 |
JAMS mediator fees are set by each individual mediator based on case complexity, dispute type, and session duration. JAMS does not publish a standardized rate schedule for mediation — parties contact a JAMS case manager to confirm the assigned mediator’s hourly rate before scheduling.
Florida civil mediators’ hourly rates vary widely by market and case type. Retired judges and senior JAMS neutrals handling complex commercial and real estate matters typically charge higher rates, reflecting their judicial experience and subject-matter expertise — contact a JAMS case manager for Judge Farina’s current rate.
Most real estate mediations are scheduled as half-day (4 hours) or full-day (8 hours) sessions.
| Cost Component | Mediation | Litigation |
| Professional Fees | Mediator’s hourly rate, split between parties | Attorney billing at $250–$500/hour per party, ongoing |
| Filing/Administrative Fees | No court filing fee is required for voluntary mediation | Circuit court filing fees + service of process costs |
| Discovery Costs | None — parties exchange documents voluntarily | Depositions ($1,000–$3,000+ each), document production, interrogatories |
| Expert Witnesses | Rarely needed — parties bring existing reports | $200–$500/hour per expert, plus preparation and testimony time |
| Total Duration | 1–2 days | 12+ months from filing to trial |
| Typical Total Range | $1,000–$8,000 total (split between parties) | $15,000–$50,000+ per party through trial |
Parties typically split the mediator’s fee equally, though the referring court or a mediation clause in the purchase contract may allocate costs differently.
Virtual mediation sessions via Zoom, Microsoft Teams, or WebEx eliminate travel costs and facility fees, further reducing total expenses.
Several factors determine the total cost of a real estate mediation session:
Judge Farina mediates real estate disputes through JAMS across Miami-Dade, Broward, and Palm Beach counties, as well as in Naples, Fort Myers, Tampa, Orlando, and Jacksonville.
Farina’s 30+ years presiding over the 11th Judicial Circuit’s civil dockets included complex real estate matters, construction disputes, and multi-party commercial cases, as well as mass-tort litigation, including the nation’s first Chinese drywall jury trial — property-defect litigation that shaped his approach to construction and real estate disputes.
The 2016 Dade County Bar Association recognized Farina with the Legal Luminary Mediation Award for Miami-Dade County. Mediation sessions are available in person at 600 Brickell Avenue, Suite 2600, Miami, FL 33131, or virtually via Zoom, Microsoft Teams, or WebEx.
Resolve your real estate dispute before litigation costs exceed the property’s value — schedule your mediation with Judge Farina and protect your investment today.
What is real estate mediation?
Real estate mediation is a confidential process in which a neutral mediator helps property owners, buyers, sellers, or tenants negotiate a resolution to a property dispute. The mediator facilitates communication and settlement discussions without issuing a binding decision unless both parties sign a settlement agreement.
How long does a real estate mediation session last?
Most real estate mediations conclude in 1–2 days, with a single session lasting four to eight hours. Title disputes involving multiple lienholders or condominium disputes with several unit owners may require a second day to resolve each party’s claims.
Does Florida require mediation before filing a real estate lawsuit?
Florida requires presuit mediation or nonbinding arbitration for condominium disputes under § 718.1255 and for HOA disputes under § 720.311. Other real estate disputes may be referred to mediation by the court under § 44.102 when one party requests referral and agrees to share costs.
Are statements made during real estate mediation confidential?
Florida Statute § 44.405 protects all mediation communications as confidential by law. Participants cannot disclose session content to anyone outside the mediation, and no mediation statement may be used as evidence in any subsequent court proceeding.
Can a boundary dispute be resolved through mediation?
Boundary disputes are well suited for mediation because resolution often requires voluntary cooperation — agreeing on fence placement, easement terms, or compensation for encroachments. A mediator helps neighbors reach agreements that a court cannot order because boundary resolutions frequently depend on ongoing neighbor relationships.
What happens if we do not reach an agreement in real estate mediation?
The mediator declares an impasse and reports to the referring court that no agreement was reached, without disclosing any substantive details from the session. Both parties retain all rights to pursue litigation, and nothing discussed during mediation may be introduced as evidence in court proceedings.
What is a title defect, and how does mediation help resolve it?
A title defect is a legal problem with the ownership record — unpaid liens, recording errors, forged deeds, or competing claims — that prevents clear title transfer. Mediation brings together buyers, sellers, title companies, and lienholders in a single session to negotiate lien releases and cure timelines.
How much does real estate mediation cost compared to litigation?
Florida mediation typically costs $1,000–$8,000 total, split between the parties, over 1–2 days, while real estate litigation runs $15,000–$50,000+ per party through trial. Mediation eliminates deposition costs, expert witness fees, and months of attorney billing that accumulate during pretrial discovery.
What qualifications does Judge Farina bring to real estate mediation?
Judge Farina served 30+ years on the bench in Florida’s 11th Judicial Circuit, where Farina presided over real estate, construction, and commercial dockets, including the nation’s first Chinese drywall trial. Farina holds Florida Supreme Court Circuit Civil Mediator and Qualified Arbitrator certifications and mediates full-time through JAMS.
Can I mediate a real estate dispute before filing a lawsuit?
Pre-suit mediation is available for any real estate dispute in Florida. Parties may voluntarily enter mediation before filing suit, and early mediation often produces faster resolutions because the dispute has not yet escalated through discovery and depositions.
