Property Dispute Resolution

 

When a Property dispute arises, whether it is to do with ownership rights, boundary disagreements, or property damage claims, an accredited property dispute mediator can help you resolve the conflict, saving time, money, and the stress of going to court. This page explores how mediation services can be a highly effective approach for parties with a property dispute, and how Kannen Mediation can assist you.

 

Understanding Property Dispute Mediation

 

Property dispute mediation is a form of alternative dispute resolution (ADR) which is guided by an impartial third-party mediator. The mediator does not provide ways to resolve the dispute; they facilitate discussions between parties and help them to identify key issues and explore possible solutions. Perhaps the most advantageous aspect of property dispute mediation (or any form of alternative dispute resolution) is that as opposed to litigation where a judge makes the final decision, mediation empowers the disputing parties to maintain control over the outcomes, collaborating to achieve mutually acceptable agreements. This is not just a more cost effective and time saving way to resolve a dispute, it can also help to improve relationships and communication between parties.

 

The Mediation Process

 

The mediation process begins with an initial assessment, where the mediator conducts separate phone interviews with each party to discuss the dispute. Once deemed suitable for mediation, a date is set for a 3-4 hour or full-day meeting, depending on the complexity of the issues. The mediation starts with an open discussion, allowing each party to express their concerns and desired outcomes. The mediator then guides the parties toward constructive compromises. It’s important to understand that mediation typically does not result in one party getting everything they want; instead, the goal is to find a satisfactory compromise that is preferable to litigation. Conflict resolution strategies foster creative solutions and harmonious outcomes that a courtroom may not achieve.

 

Advantages of Property Dispute Mediation

 

In most cases, some form of alternative dispute resolution such as mediation, will be required by the court before you can proceed to litigation. The court will want to see that you have attempted to resolve your issues before escalating to court. Here are some key advantages to consider:

 

1. Cost Savings: Mediation is extremely cost-effective compared to what can often be drawn-out legal battles, reducing the financial burden for all parties.

   

2. Time Efficiency: Mediation can be completed in a relatively short time frame, avoiding the delays often associated with the court system. At Kannen Mediation, we can usually have you sitting down to mediate within 2 weeks of the initial contact. Courts can take months just to get an initial hearing and sometimes years to get to the point of resolving the dispute. 

 

3. Confidentiality: As opposed to an open court room, discussions and outcomes in mediation remain private, ensuring confidentiality for all involved in the matter.

 

4. Reduced Strain: Unlike the adversarial approach taken in a courtroom, Mediation promotes the preservation of relationships between parties, which is essential in communities or long-term business partnerships. In private property disputes, this can mean improved relationships and communication between the parties.

 

Property Dispute Resolution at Its Best

 

Property dispute resolution through mediation provides a comprehensive framework to resolve conflict.  Whether addressing homeownership disagreements, real estate contract issues, or land use disputes, Kannen Mediation can assist you with addressing the immediate issues while focusing on the underlying interests of the parties, fostering durable solutions. We draw on a range of strategies to help you transform potential conflict into opportunities for improvement and cooperation. At Kannen mediation services, parties involved in property disputes can find resolution to their conflict with a process which offers respect, fairness, and equitable consideration for all.