Negotiate And Settle Property Disputes As Soon As Possible

January 6, 2023    Familylawyers
Negotiate And Settle Property Disputes As Soon As Possible

Sometimes property disputes are so serious that it has to go to court, but there are other ways by which property disputes can be settled. Mediation is one of the ways to settle a property dispute, where an unbiased third party, known as a mediator, assists people in property disputes.

The mediation process is the way by which an unbiased third party, known as a mediator, helps people negotiate mutual agreements in property disputes. Before you hire a family lawyer Perth, you must know that the mediation process can help both parties understand each other’s point of view and reach a proper settlement. In this blog, you will learn more about ways of negotiating and settling property disputes as fast as possible.

When Should People Opt For Mediation?

Mediation is one of the best negotiation ways that are used in various forms of disputes, and it usually covers any form of dispute that you can think of. Mediation is mostly used in family law disputes and even in civil disputes. There are different types of mediation that are even used in criminal law.

In case of property disputes, the mediation process can be used in any or all of the following:

  • Rent not being paid
  • Rent reviews
  • Disagreements regarding lease terms
  • Maintenance and repair problems
  • Clauses related to breaking lease
  • To settle multiple issues at once.

Who Controls The Mediation Process?

Before you hire the best family lawyers in Perth to play the role of a mediator or for other purposes, you must know more about the mediation process. Mediation is considered a voluntary process that is controlled by both parties and helped by an unbiased facilitator known as the mediator. Though the mediator provides legal advice or acts as a judge, they usually remain neutral.

As there is the presence of an unbiased facilitator, this is a process that has the ability to address any form of power issues between parties. There are often issues between opposing parties; most of the time, an insurance company is associated with it. If the mediator is not effective, power imbalance will always remain between both parties.

How Does The Mediation Negotiation Process Work?

In a normal mediation process, the mediator will call both parties into a room simultaneously and provide them with information about how the process works. After this, the mediator will allow both parties to address each other and the mediator about their view of the dispute. They will also inform how they wish to see the dispute resolved.

After this, all the parties will go to private rooms where the mediator will arrive and have private discussions. During the time of the COVID-19 pandemic, most of the meditations were conducted via zoom, which indicated that both parties need not have to be in the same room. The only thing that both parties had to ensure was that they had clear computer screens and a proper internet connection.

What Happens When Property Disputes Are Not Settled At Meditations?

If issues do not get settled during the mediation process, it does not indicate that everything is over. But there are some things to consider doing after the mediation process:

  • You can send an offer letter, and before the mediation, there are chances that both parties will change their opinions, and after that, follow-up offers are sent.
  • You can also settle another mediation if the previous one was unsuccessful.

Who Can You Contact For Mediation Information?

If you live in Victoria, the main legal bodies for such disputes are as follows:

  • The Law Institute of Victoria
  • The Victorian Small Business Commissioner
  • Real Estate Institute of Victoria and many more.

Why Is Litigation Considered The Best Option In Property Disputes?

Before hiring top property settlement lawyers Perth for your case, you must know why litigation is considered the ideal option for a property dispute. Though any form of negotiation, whether a mediator or a lawyer conducts it, can lead to preferable outcomes, litigation is the ideal way in specific cases.

Some of the situations where you may opt for litigation are as follows:

1. A Wish For Publicity And Openness:

If you desire to draw attention to the other party’s behaviour, you can choose to go to court. There, you can choose to follow a litigation process where the outcome of the case may be publicised compared to private negotiations.

2. Uncooperative Party:

If the opposing party refuses or stalls in the process of negotiating in good faith, you may have to visit the court, where the case will finally be resolved. Based on who you have as a representative, the decision may or may not swing in your favour. Discovery ordered by the court will force the other party to provide information that they may have held back during the mediation process.

3. It Can Help Deter False Charges:

Before hiring any property settlement lawyer, you must know that if you have been the victim of any false claim, taking these cases to court can help you a lot.

4. You Can Settle Legal Questions:

If deciding on any property dispute as per the legal norms or setting new precedents is essential for you, it is best to give the decision-making authority to the courts.

Getting A Lawyer Involved

Property disputes are often frustrating and can also be considered an emotional experience. If you are a part of such situations, it is best to figure out the best course of action. You may need to hire a lawyer if mediation processes do not work.

Top lawyers can help you understand and learn more about your rights and also represent you in court if needed. Though hiring a lawyer may not be a cheap option, it can surely save a lot of time and money. There are many people who often hire a lawyer in property dispute cases.

Contact Family Lawyers Perth WA

If you are in the middle of a property dispute and there are disagreements between parties, you can opt for mediation. But if the meditation process fails, too, you may have to opt to visit a court and take the help of a lawyer. Contact Family Lawyers Perth WA, to access the best lawyers who can help solve property disputes and stand by your side.

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