There are many different real estate disputes that can be resolved through mediation or arbitration, such as disagreements over property boundaries, details in a lease agreement, or any conflicts between a landlord and their tenant. These alternative dispute-resolution methods are ideal because they allow both parties to speak in a private setting. They can also reach a resolution without spending unnecessary money in court or causing additional delays.
Lewisville TX Mediation & Arbitration Lawyer
Navigating real estate and commercial disputes can be really complicated and time-consuming. Mediation and arbitration offer alternative resolution methods that can help ease tension to reach agreements quicker and avoid having to go to court. Tapping into the experience of a Lewisville, TX, mediation & arbitration lawyer can be the extra resource you need to make your case more effective and achieve a better outcome.
At Alagood Cartwright Burke PC, we know how stressful contested disputes can be in the real estate and commercial space. Between negotiating complicated contracts and handling property disputes and lease agreements, these conflicts can quickly overwhelm even the savviest landlord. Connect with our team today to learn more about how our counsel can help resolve your biggest legal battles with minimum disruption to your business and personal life.
The Advantages of Mediation and Arbitration in Texas
Mediation and arbitration are both defined as alternative dispute resolution methods. These were built to offer a less controversial space to deal with legal issues, as compared to a formal trial. Mediation is when a neutral third-party mediator facilitates conversations between both parties and helps them reach a mutually agreed-upon solution.
Arbitration is similar, where a neutral arbitrator listens to evidence and arguments from both sides and then uses that information to make a binding decision. Some of the greatest advantages of these alternative dispute-resolution methods include:
Avoiding Lengthy Litigation
Traditional court cases are known to be drawn out for several months or even years. This can cause unnecessary stress and be taxing on each party’s resources. This is why mediation and arbitration have quickly become popular alternative options. These methods can help parties reach residential real estate and commercial resolutions faster, like when facing an eminent domain challenge.
These programs are specifically designed to streamline the dispute resolution process with a structured yet more flexible approach to discussing and resolving conflict. This can be really helpful for real estate and commercial operations, where unresolved disputes have the power to stop business completely and cause a huge financial bleed for an organization. Choosing these options over court could get your operations back up and running much sooner.
Cost-Effective Solutions
The cost difference between mediation and arbitration, when compared to court, can be staggering. This is because going to trial will often rack up high legal fees, and court costs will accumulate until the matter is over. Choosing either of the alternative resolution methods can lower your legal costs by reducing how much time is spent in contention until a solution is reached.
Confidentiality
Unlike going to court, which can be extremely public, both mediation and arbitration offer a more private process to clients. This confidentiality is a really attractive quality to those in commercial disputes, as the stakeholders involved may want to keep sensitive business information within the confines of mediation or arbitration sessions.
In addition to each meeting, the final outcome of mediation or arbitration also remains confidential. This helps protect the reputation of all professionals involved and encourages open and honest communication throughout the process.
Flexibility and Control
Mediation and arbitration offer a level of flexibility and control that isn’t found as often in a traditional litigation setting. For example, mediation gives both parties greater control over the outcome of the case by allowing them to agree on a final solution. In court, you are able to make your case, but the final decision is ultimately up to the judge and jury.
While an arbitrator will make the final call during the arbitration process, all stakeholders in this process generally will have more significant input than they would in court. Clients are also able to hire any arbitrator they want to, which could be extremely advantageous if they choose to hire someone with direct experience in real estate and commercial law.
FAQs
How Does the Arbitration Process Handle Evidence and Testimonies Compared to Court Litigation?
Arbitration was designed to be more flexible than court litigation in evidence and testimonies. This method allows arbitrators to have discretion when determining if evidence is appropriate or inappropriate to include for consideration. Having this flexibility allows for a more straightforward presentation of the facts, which can help both parties see where each other is coming from much quicker than court and reach a final solution together.
What Happens If One Party Does Not Comply With the Mediation or Arbitration Agreement?
If someone refuses to comply with any details in their mediation or arbitration agreement, there are a few steps you can take to hold them accountable. Because mediation agreements are typically non-binding, both parties may need to return together to revisit the conditions and enforce what was agreed upon. For arbitration, the binding decision can be enforced by the courts. This allows you to file a motion for the case to be heard in a formal trial.
How Are Mediators and Arbitrators Selected, and What Qualifications Should They Have?
You want mediators or arbitrators who exhibit a high level of experience and neutrality. If you are able to find someone who takes on cases specific to real estate or commercial law, that niche experience can make conversations even more meaningful in your sessions. They also may be able to draw from certain experiences or specific precedents that someone who practices law, in general, might overlook.
Contact Alagood Cartwright Burke PC Today
If you are facing the possibility of a real estate or commercial dispute, and you want to avoid court, consult the attorneys of Alagood Cartwright Burke PC today. We would be honored to take on your case and find the most private and effective way to put this matter behind you. Contact us today to begin.
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