A full-time neutral since 1998, Ms. Claiborne has mediated and arbitrated real property matters involving a variety of commercial and residential properties, including disputes about sales, leases, lease options, non-disclosure claims, valuation issues, broker liability, easements and boundaries, subsidence, landslides, land use, zoning, and environmental remediation.
- Selected by a federal judge to mediate a land use dispute between an American Indian tribe and a State pursuant to the Indian Gaming Regulatory Act (IGRA)
- $20 million+ settlement of consolidated cases relating to beachfront property in Hawaii. The cases involved disputes among the general and limited partners over the disposition of the property as well as claims by a third party purchaser for specific performance of an alleged agreement to purchase the land.
- Arbitrated a $500,000 claim by tenant involving a tax credit project at a national historic preservation site and the landlord’s counterclaim for $10,000,000 for alleged breach of the 40 year lease
- Arbitrated real estate dispute between a general partner and limited partner regarding exercise of an option to purchase land for the development of over 200 homes
- Arbitrated dispute between general partner and limited partners involving indemnity for fees and costs arising out of professional liability suit against real estate appraiser (tripartite)
- Claims by investors in secured real estate and construction loans against mortgage loan brokers (sole)
- Claim by “as-is” buyer of upscale residence alleging nondisclosure of defects by seller and their broker
- Claim by purchaser of multi-unit residential building alleging a failure to make full disclosures at time of sale; defendants included sellers and real estate brokers for both sellers and purchaser
- Claims by owners against the HOA and Board of Directors for failure to maintain the property, resulting in mold and water infiltration
- Claims by utility company against storage business involving easement issues and fraud
- Dispute between a luxury hotel group and a developer concerning the developer’s share of hotel profits due pursuant to a formula set forth in a Deferred Development Fee Agreement
- Mediated a dispute involving options to expand under the long-term lease of a prominent law firm in a building owned by a Fortune 500 company
- Mediated resolution of a complex dispute involving the developer of a mixed retail/residential property and tenant operators of a national multiplex theater group and Midwestern operators of parking garages
- Mediated resolution of a real estate dispute between landlord and tenant involving a large commercial property in Silicon Valley. The claims arose out of lease provisions providing for options to extend the lease and/or to purchase the property and structure the transaction as a tax-free exchange.
- Resolution of claim by condominium owner against HOA alleging breach of fiduciary duty and negligence, including a failure to comply with the CC&Rs
- Sole arbitrator for claim by purchaser of commercial property that seller failed to make full disclosures
- Mining dispute between a company dredge mining for gold and another mining aggregates from dredge tailings arising out of contracts setting forth the parties' rights on shared property