Real Estate & Business Dispute Resolution
Landsmith helps resolve real estate and business disputes before the financial and personal costs become disproportionate to the problem.
We offer two distinct services: Pre-Litigation Resolution for smaller disputes and Private Mediation for larger or more developed matters.
Both begin with a complimentary 15-minute call to determine whether the matter is a fit.
Two Distinct Services for Different Types of Disputes
A smaller dispute may need practical intervention before the cost of hiring litigation counsel exceeds the amount at stake. A larger or more developed dispute may require formal mediation after the parties and their attorneys have investigated and prepared their positions.
These are two separate service tracks. Private Mediation is not the final step in the Pre-Litigation Resolution process.
Pre-Litigation Resolution
Practical help before legal costs exceed what is at stake.
For property owners, neighbors, landlords, tenants, contractors, small businesses, and business partners facing a dispute that needs attention but may not justify immediately retaining litigation counsel.
01Free 15-Minute Fit Call
Briefly describe the dispute so Landsmith can determine whether the matter appears appropriate.
02Dispute Assessment - $500
Landsmith reviews the principal documents and communications, identifies the central factual and practical issues, and recommends a course of action.
03Early Resolution - $2,000
If suitable, Landsmith may offer a separate engagement of up to eight hours to prepare the matter, contact the other party, clarify the disagreement, and attempt to develop a practical resolution. Additional work requires advance approval.
Outcome
The dispute either resolves or the client decides whether to pursue small claims, retain litigation counsel, or take another appropriate step. Private Mediation is not normally an additional step in this process.
Private Mediation
For larger or more complex disputes in which the parties have developed their factual and legal positions, litigation is threatened or pending, or attorneys are already involved.
01Free 15-Minute Fit Call
An attorney, party, or case administrator briefly describes the dispute, parties, amount at stake, status, and desired timing.
02Mediation Planning
If the matter is a fit, Landsmith confirms the participants, format, preparation requirements, available dates, and fee.
03Private Mediation
The parties and their attorneys participate in a structured settlement process grounded in substantial real estate, finance, operating, restructuring, and dispute-resolution experience.
RATES AND OUTCOME
$5,000
$10,000
The parties either reach a settlement or continue with litigation after fully testing the available resolution options.
Disputes We Handle
Landsmith focuses on real estate and business disputes where financial, operational, and relationship issues overlap.
Real Estate & Construction
Development, construction contracts, change orders, permitting, entitlement, and related real estate disputes.
Commercial Leasing
Landlord-tenant disputes, defaults, CAM charges, repairs, lease interpretation, and tenant improvements.
HOA, Neighbor & Property
Easements, boundaries, nuisance, views, access, shared driveways, and HOA disputes.
Partnership, LLC & Investor Disputes
Joint ventures, operating agreements, distributions, valuations, ownership, buyouts, and exits.
Loans, Workouts & Distressed Assets
Lender-borrower disputes, guaranties, forbearance, modifications, collateral, and foreclosure alternatives.
Business & Financial Disputes
Contracts, ownership, payments, compensation, and other business disputes involving meaningful financial exposure.
Experience Behind Landsmith
That experience allows Landsmith to understand the transactions, financial pressures, operating realities, and relationships underlying a dispute – not simply repeat the parties’ stated positions.
Landsmith’s approach is direct, respectful, carefully prepared, and focused on identifying practical paths toward resolution.
Cornell Law School – Business
Law Program
CIRA – Certified Insolvency &
Restructuring Advisor
CFA Charterholder
Harvard Law School – Legal Systems &
Mediation Coursework
Case Studies
EARLY DISPUTE RESOLUTION / PRE-LITIGATION
Construction / Residential Development
$100K Construction Deposit Dispute
Summary: A homeowner paid a $100,000 deposit for construction of a new home, then cancelled shortly before work began. The homeowner wanted the deposit returned; the contractor asserted rights that included approximately $400,000 of anticipated profit.
Resolution: The discussion shifted from the parties’ opening positions to actual costs, contractual exposure, and the economics of continuing the dispute. The contractor retained approximately $40,000 for out-of-pocket costs and approximately $60,000 was returned to the homeowner.
Residential Real Estate / Environmental
Mold & Asbestos Dispute – Six-Figure Litigation Risk
Summary: A tenant with a newborn sought reimbursement relating to alleged mold and asbestos conditions in a multi-tenant property. The landlord disputed both the severity of the conditions and the claimed exposure.
Resolution: After examining the property conditions, regulatory and lease issues, and the potential cost of experts and litigation, the parties reassessed their risks and reached a signed settlement.
Neighbor / Property Damage
Redwood Tree Dispute – Potential Six-Figure Exposure
Summary: Three large redwoods had damaged a neighboring property’s patio and utilities, while raising concern about possible foundation damage. The tree owner was attached to the trees, dismissed the concerns, and the parties had reached an impasse.
Resolution: Landsmith organized the facts and reframed the issue around potential exposure: approximately $50,000 for the patio, $20,000 for utilities, and possible mid-six-figure foundation repairs. The economics changed the discussion. After Landsmith pushed for a direct meeting, the parties reached agreement and the tree owner paid half the removal costs.
Private Mediation
Technology/Commercial Leasing
High-Tech Company Lease Dispute – $4.8M in Unpaid Rent
Summary: A rapidly growing technology company defaulted on its lease, triggering a legal dispute over an accelerated $4.8M lease claim. The company’s financial instability and the landlord’s refusal to negotiate created a high-stakes standoff.
Resolution: Mediation enabled a structured settlement in which the landlord accessed Letter of Credit proceeds and granted the company additional time to transition out of the space, preventing costly litigation for both sides.
Corporate Employment/Executive Compensation
Employment & Compensation Dispute – $750K–$2.5M in Claims
Summary: A senior executive disputed the terms of their compensation package and classification as an independent contractor. The disagreement over fiduciary duties and severance created legal and reputational risks for the employer.
Resolution: Through mediation, structured negotiations clarified the executive’s obligations, leading to a pre-litigation settlement that avoided a prolonged legal battle and protected both parties’ interests.
Business / Fiduciary & IP
Business Diversion & IP Dispute — $600K in Combined Legal Fees
Summary: When a business owner became seriously ill, the owner retained a temporary CFO to help operate the company. The owner later alleged that the CFO diverted customers and intellectual property and established a competing business. Litigation followed.
Challenge: By the time the matter reached mediation, each side had incurred approximately $300,000 in legal fees — roughly $600,000 combined — while the underlying business dispute remained unresolved.
Result: In a single afternoon of mediation, Landsmith helped the parties substantially resolve the dispute, addressing the principal business and financial issues that had driven the litigation.
What Clients Say
“James understands the complexities of high-value disputes—his real-world business experience made a difference in resolving our case.”
- Partner, AmLaw 100 Law Firm
“The best mediation process I’ve experienced—fast, efficient, and fair.”
- Principal, Real Estate Development Company