7 minute read
Commercial Real Estate Alliance
To Mediate or Not to Mediate; Should It Even be a Question?
By: Adria Maria Jensen, Esq., Shumaker Loop and Kendrick, LLP
The standard FAR As a litigator and a Florida Supreme Court Certified / BAR Contract Mediator, I get to examine disputes from both angles. requires parties As a litigator, I analyze my clients’ positions and to submit any and advocate vigorously with the goal of getting them what all disputes arising out of they want. As a mediator, I examine each party’s needs the contract to mediation, and work to bring them to an acceptable resolution. pre-suit; the Florida Having been on both sides, I can tell you that while REALTORS® Commercial litigation is sometimes necessary; it is exhausting, Contract does not. It is expensive, and often ineffective in getting people what rare, in fact, to find such they really want. a provision in the commercial context. However, there are some compelling reasons for including it in MEDIATION CONCERNS commercial contracts as a matter of course. In mediation, parties are free to fashion a remedy WHAT IS MEDIATION? of their choosing; however, it is unlikely that parties who already disagree on the issues will agree to Mediation is defined as, a means of resolving mediate immediately after the disagreement ensues. disputes outside of the judicial system by voluntary Suppose a buyer informs a seller that due to her participation in negotiations, usually conducted actions, the buyer requires an extension; assuming under the guidance of a trained intermediary. the seller disputes the allegation and refuses to extend Parties can always choose to mediate prior to litigation, then both will seek termination and demand the but in the absence of a provision mandating it, neither deposit. If neither or only one will agree to mediate, can force the other to the negotiation table, pre-suit. litigation will ensue and settlement options that may At first glance, it would seem more appropriate to have been feasible early on will become untenable make that decision completely voluntary. After all, as the parties devote significant resources towards why should the non-breaching party incur expenses winning rather than resolving the matter. compromising with the breaching party? But a These types of disputes are often ripe for creative wider view supports that more may be gained from compromise but charged with emotion. Thus, a neutral compromise than victory. mediator is better positioned to openly discuss the problems affecting the transaction, explore a myriad of settlement possibilities, and thus provide the perspective needed for cooler heads to prevail, than any of the stakeholders involved. Early mediation may increase the upfront costs of litigation if a settlement is not reached. However, the potential savings far outweigh the potential expense. The process will provide all involved with valuable insight and a better understanding of the issues before a single paper is ever filed. That alone can significantly mitigate the costs that would otherwise be incurred by obtaining details and documents. Thus, when considering whether a mediation pre-requisite is advisable, remember the words of the Rolling Stones: you can’t always get what you want; but if you try sometimes, you might find you get what you need. •
The Commercial Real Estate Alliance (CREA) of the Realtor® Association of Sarasota and Manatee (RASM) announced Rico Boeras as 2020 Commercial REALTOR® of the Year at the virtual Downtown Horizons panel on December 15. At the event, CREA President Joe C. Hembree also recognized his choice for 2020 President’s Award and introduced the Officers and Directors who will be leading the Alliance in 2021.
The Commercial Realtor® of the Year award is presented to a Realtor® member of the Commercial Real Estate Alliance who epitomizes the Realtor® image and has a proven track record of dedication to their fellow agents and community. Rico Boeras, Sarasota Commercial Realty, was selected by CREA’s nominating committee as 2020 Commercial Realtor® of the Year for his contributions to CREA.
Susan Goldstein, Chair of the Nominating Committee, presented the award to Rico. “Each year we present this award to a strong commercial real estate professional for their service to our Alliance; and that person is definitely Rico. In 2017, Rico served as President of CREA and introduced a Sporting Clays Tournament which has raised more than $13,000 for local charities since its inception. Congratulations to Rico and thank you for continuing to serve our Alliance,” said Goldstein.
“I am truly honored to receive the Commercial Realtor® of the Year award for the commercial alliance of the Realtor® Association for Sarasota and Manatee,” said Boeras. “I am very thankful for the award and the acknowledgement from my peers. CREA is an outstanding organization and it is because so many give their time and energy to make it successful.”
2020 CREA PRESIDENT’S AWARD
At the virtual event, CREA President Joe C. Hembree recognized William Wilson of Florida First Capitol Finance as the recipient of this year’s President’s Award. “Wilson is receiving this award for his hard work and commitment to excellence throughout 2020 and for the many countless hours that he volunteered to lift others up,” said Hembree. “His time on the Board has really been defined by the service that he’s provided and generosity of spirit to keep us going in a difficult year.” In 2021, CREA Officers and Directors will continue to serve the Alliance by working to improve the knowledge and professionalism of members in order to build a better commercial property marketplace in the two-county area. 2021 CREA OFFICERS President: Joe C. Hembree, Hembree & Associates, Inc. President-Elect: Ben Bakker, Michael Saunders & Company Commercial Vice President: Tom Johnson, Lakewood Ranch Commercial Treasurer: William Wilson, Florida First Capitol Finance Secretary: Melissa Harris, Ian Black Real Estate Past President: Susan Goldstein, Michael Saunders & Company Commercial
2021 CREA DIRECTORS Harvey Wasserman, Harvey Wasserman & Company Matt Fenske, SVN Commercial Advisory Group Neil McCurry, Sabal Palm Bank Saralyn Dorrill, Shumaker, Loop & Kendrick Ken Hughes, CNK Realty Amy MacDougall, Ian Black Real Estate
For more information about the Commercial Real Estate Alliance visit www.myrasm.com/commercial. •
RASM REALTORS® Charitable Foundation Gives Back to Community, Helps Members in Crisis
By: Gina White, RASM Communications and Marketing Director
The REALTOR® Association of Sarasota and Manatee (RASM) is pleased to announce the formation of the RASM REALTORS® Charitable Foundation (RRCF). The new Foundation will provide a taxdeductible method for members and others to contribute to the Association’s charitable endeavors in support of the Sarasota and Manatee communities.
The RASM REALTORS® Charitable Foundation consolidates RASM’s longstanding scholarship and community giving programs for greater impact and provides a way for Realtor® members to help other members in financial difficulty.
The Foundation provides funding for individuals and not-for-profit organizations in the Sarasota and Manatee area that enhance the quality of life in the community. This includes but is not limited to:
Scholarships for higher education for members of
RASM, their immediate family, and local students; Charitable organizations related to housing or real estate; Financial support for Association members in crisis.
According to RASM’s CEO and RRCF Executive Director, Jeff Arakelian, “The new Foundation will provide focus for RASM’s longstanding involvement in charitable organizations, including those tackling affordable housing, fighting homelessness and providing emergency shelter in the event of natural disaster.” In recent years, RASM members have hosted fundraisers to support local charities like Habitat for Humanity, Heroes Welcome Home, Harvest House, and the Everyday Blessings Springboard Program.
In addition, the Foundation will allow members to help other members. RASM President David Clapp adds, “We have never had a way to rally our members together to financially help other members who have a special need. They have always had to look to outside organizations for support. The Foundation can assist members through the generosity of RASM members.” Clapp cites examples such as family financial need resulting from the death of a REALTOR®, an emergency medical procedure or a hurricane. “It’s Realtors® helping Realtors® as well as coming to the aid of the community.”
Anyone can contribute by writing a check to RASM REALTORS® Charitable Foundation and mailing to 2320 Cattlemen Road, Sarasota, FL 34232. To learn more, visit myrasm.com/foundation or contact Jeff Arakelian at foundation@myrasm.com. •
