The 1st document leading up to the foreclosure was 6/2013 with several thereafter like them filing bankruptcy twice, mediation for which the couple did nothing to follow the plan or pay so the trustee recommended to the court to not approve the plan, frivolous filings to the court to stall the process (one documents states they challenged who actually owned the Note in addition to several other challenges).Now after all of the stalling tactics there is a court date set for a non-jury trial in June-2017. 

I expect we will still close and go our separate ways this week without mediation, but a few simple IR items have cost us $6000 more than expected and the biggest headache imaginable (when I say it like this, it doesn't sound all that bad, but this person is the worst). 

reality is your deal is sour... buyer is upset your upset.. if you think the buyer is just going to sign over the EM to you.. well that probably won't happen.. my experience dictates that you will split the EM to not go through a protracted hassle like having to go to mediation over it.. 

Add to that, the stress and hassle of going to court or mediation.

I am drafting a lease agreement (through LawDepot.com) for my new tenants in a SFR and am wondering what to specify for Dispute Resolution: options are mediation, arbitration, or mediation and then arbitration.  

I don't want to share the ownership, I'd try to mediate for a sale and if that didn't work I'd file for a partition.

Generally there is a clause in the contract that specifies mediation if you guys can't agree.

What I am having issues with is 2 clauses: 1) compensating the PM for any issues arising, as part of the   hold harmless clause which I am fine about, 2)  Broker may perform any of Broker's duties through attorneys, agents, employees, and independent contractors, and shall not be responsible for their acts, omissions, defaults, negligence, and/or costs except for persons working in Brokers firm. 3) A clause on mediation which is fine, but I am not convinced with part of the paragraph which reads "The following matters are excluded from the requirement hereunder: (a) judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic's lien, and (d) any matter which is within the jurisdiction of a probate courtAny thoughts appreciated!

There are many possible options and so creativity and a good advisor / mediator will be needed.

You are likely to end up in mediation and the more documentation you provide showing how and why you did not discriminate the better chance you'll have of fending this off.