The Benefits of Mediation

Filed under: Real Estate Law

When it comes to real estate and business dealings, most of us hope to avoid conflicts and expect that everything will proceed smoothly. Unfortunately, though, sometimes disagreements do happen, and they can activate a sort of legal “fight or flight” response. You may feel determined to hire a Temecula real estate attorney and take the conflict to court (at great expense), or you could be tempted to give up (and regret it later).

Luckily, there’s a third option which can bring about a resolution to the problem. Mediation is a process in which a third party helps the two entities or people involved in a dispute to find a mutually agreeable compromise. Real estate attorneys in Temecula report that mediation can be preferable to litigation for several reasons:

  • Mediation is almost always much cheaper than litigation
  • Mediation saves time; conflicts are often resolved in days rather than weeks or months
  • Participants maintain control of the outcome, whereas in litigation the outcome is left up to the courts to decide
  • More creative solutions can be discussed and agreed upon
  • The mediation environment is more friendly and less threatening than the courtroom
  • The mediation process is confidential and does not become court record
  • Relationships between the two parties may be preserved, whereas a lengthy court proceeding can feel like a battle

Whereas litigation can feel risky, leaving the final decision up to the court, mediation provides both parties with a chance to craft their own resolution to the conflict. Temecula real estate lawyers often recommend trying this type of resolution over the nerve-wracking “winners and losers” atmosphere usually felt in court. In the vast majority of mediation cases, both sides walk away feeling that they have been heard, and both sides generally feel more satisfied with the outcome.

Most cases that are mediated are solved without either party having to set foot in a courtroom, but each party does have the right to walk away from mediation if they feel it is becoming unproductive. Only rarely do negotiations break down, making litigation necessary. Even in those cases, prior mediation often proves to have been useful in narrowing the issues and helping to bring about a more focused examination in court.

 

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