Disputes are a part of life, whether you are a multi-billionaire or living paycheck to paycheck.
“Peace is not the absence of conflict, but the ability to handle conflict by peaceful means.”
– Ronald Reagan
One must find ways to resolve his disputes amicably and effectively so that he does not get stuck in a dispute and leads his life unaffected. However, equip yourself with the knowledge and know-how of dispute resolution; as they say: the only way to avoid a war is to prepare for it. This blog will look at how you can resolve your property disputes.
Negotiation
This is the informal and best way to resolve a dispute. The parties involved talk to each other, try to understand each other and reach a conclusion. If it becomes effective, this is the least costly method and takes the least effort.
Mediation
It is another informal method in which you ask a neutral and impartial person to look into the matter and assist you in improving the discussion between the parties.
Since mediation is an informal method, the decisions are not legally binding, but if you reach a conclusion, there is a greater likelihood of resolving the issues.
Arbitration
This is the most formal method of out-of-court settlement. Arbitration laws regulate this method. The arbitrator hears both parties like a judge and gives his award.
The award is binding in ordinary circumstances. However, the Court can set it aside later in the formal proceedings.
In what conditions should you leave the matter for the courts to decide
criminal offences
If there are no chances for mediation, then the issue normally goes to the Court, mainly when a person has been subject to violence or threats
power imbalance
Furthermore, suppose the power imbalance between the parties is so significant that one cannot manage it, and even an experienced mediator cannot do something about it. In that case, the courts can handle the matter better.
When publicizing is better.
For example, if you have been subject to real estate fraud, you may have the option to resolve it through mediation, but you may also take it to Court.
The reason is that mediation is private, and the proceedings can be confidential.
However, in this case, you may want people to know about a particular fraud or a company which does not act in goodwill. So, you would want to make it public by bringing it to the Court.
Do you want to set a precedent?
If a person holds a work permit as a spouse or a common-law partner of another When a case’s outcome affects a significant number of people or concerns the public, it is better to bring it to the Court. who:
When the issue involved is complex
If the issue is real estate-related but involves many intricate questions of law or facts that an ordinary mediator or arbitrator cannot resolve the right forum is a court.
How can a lawyer help resolve the issue?
Whether you seek negotiation, mediation, arbitration, or court proceedings, a lawyer can help you understand your rights and efficiently express your demands.
An out-of-court resolution of your real estate dispute is beneficial because:
- There is more flexibility
If the parties can collaborate on a workable solution and reach a mutually beneficial conclusion, there will be more room for maneuverability.
- Control
In an out-of-court settlement, there will be space for you to take a deal or leave it. So you’re more in control of your choices.
- Satisfaction
Personal involvement gives you more satisfaction, and the solution you carve out appears more practical.
- Confidentiality
If you want to avoid having the issue become the talk of the town, it is best resolved through an out-of-court settlement.
The relationship is important.
In an out-of-court settlement, you can work out a solution in an amicable fashion. When a dispute enters litigation, the parties become more hostile towards each other. In this regard, an out-of-court settlement is better.
Can I go for an out-of-court settlement if I am already in litigation?
Yes, definitely. In fact, by doing that, you will save a lot of money in court fees and expenses that you have yet to incur. You can pursue an out-of-court settlement at any stage. After reaching a conclusion and agreement, both parties can willingly withdraw their pleadings before the Court.
Conclusion
It becomes clear that the more involved you are and the more prepared you are for dispute resolution, the less costly it will be and the less time and energy it will cost you. Disputes can throw the whole business or property into jeopardy. You should keep yourself up to date with the requisite dispute resolution skills you may need going forward.
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