Real estate is a complex sector of life where dreams, emotions, business ambition and money intersect, creating one of the most volatile situations any person might encounter in their lives. When things go well, lives are built and wealth is accumulated - and when things go wrong, the conflict can become very intense, very quickly. Because mediation moves quickly and allows both parties to participate actively in the eventual solution, it is becoming an increasingly popular strategy in real estate disputes.
Steps for Success
You need to create a coherent narrative that demonstrates how the dispute has adversely affected you financially and otherwise. You will need to gather relevant data and pull it all together. You will also need to practice presenting your case or side of the story. If it doesn't make sense to you or close confidants, it won't make sense to the mediator either.
2. Look Past Mediation
You need to be prepared and plan your next strategy, if ever the mediation fails. The pressure of making it work will be overwhelming and will undermine you if it is your only strategy.
3. Reach Out
In mediation, it is in your best interest to reach out to the other party. It is always recommended to exchange information about the case, your claims and your arguments.
4. Put Yourself in Your Opponent's Position
See what they are looking to achieve, and then craft arguments against these goals.
5. Consult with Experts
When you are engaged in a discussion in a non-combative atmosphere, it helps to bring in professionals that can provide expert assistance and perspective to the issues at hand. Mediators will also provide the possible legal scenarios if the disputing parties decide to go litigation.
The Right Attitude
Learning to compromise is the fundamental key to successful real estate mediation. Mediation is not the right route for you if you want to destroy the other side or punish them. The goal is a mutually satisfactory solution that gives everyone at least some of what they want. This process does not fit parties who don't like the idea of their opponent getting anything.
You must put aside those feelings and see mediation for what it is: A guided conversation leading you to a solution that both sides can embrace. If you can see your way to that headspace, this type of alternative dispute resolution has a chance of success.
Do you need any legal assistance regarding labor, real estate, or employment disputes? Instead of going through the courts, why not let a mediator or arbitrator help you resolve the matter. The Claude D. Ames Law Offices strives to make workplaces in Oakland, California fairer work environments. Please call (510) 652-1300 or visit his website: http://www.claudeamesarbmed.com