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WHY YOU CAN’T GO WRONG WITH MEDIATION

Mediation is a process where a third party, called a mediator, helps to resolve different disputes, as well as real estate disputes.

For several years, real estate dispute has posed a danger to lives, properties, and even relationships; particularly landlord-tenant conflicts which often become a hindrance to a healthy and sustainable relationship between parties involved. It is why many countries across the world embrace the Alternative Dispute Resolution [ADR] approach to solve disputes and maintain peace amongst parties. Alternative Dispute Resolution or mediation is recognized to be an efficient, stress-free, cost-effective, and objective way of resolving several conflicts, including real estate related conflicts.

Aside from tenancy conflict, many other disagreements could arise during real estate transactions, whether commercial or residential. There could be conflict during the purchase of a real estate property when parties can’t agree on certain parts of the purchase agreements; or a breach of contract from either one of the parties. Whatever the case may be, mediation is the best method to employ to quickly resolve the conflict confidentially and objectively at a low cost.

Mediation is a better option for resolving conflicts because a mediator must be equally responsible to all parties involved in a mediation session without bias. A mediator has no power or right to impose a conclusion of any sort on any of the parties involved. What a mediator is required to do is to help move the discussion or negotiation process to a place of resolution.

Mediation also allows for each party to be equally listened to and understood without been blamed. This process is achieved through a certified mediator who has integrity, commands respect, confidence, and someone who specializes in resolving real estate-related conflicts to avoid violence, injury, and damage to properties, persons, business images, and relationships.

The process of mediation is simple compared to court proceedings. It involves the planning process where the mediator reaches out to interested parties to discuss the time and location of the mediation. The private process is where the mediator speaks privately with each party to discuss the underlying issues and the party’s interests. The joint discussion is where both parties come together to discuss the subjects of conflict, ask questions, make their cases to reach a mutual agreement.  The negotiation process, however, is the stage where parties propose ideas to meet each other’s parties.

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WHY MEDIATION? HERE’S WHY.

Mediation is not the same as a court session as many may think. It is an interactive procedure where parties involved in a conflict come together to resolve their differences with the help of an impartial third party, known as a mediator. Unlike the court session where parties involved formally present their cases through the help of a lawyer and await judgment, mediation employs the help of a mediator to open up communication through specialized conciliation technics dedicated to achieving mutual resolution. Though, either of the parties may have his/her lawyer present during the mediation process if that would make them comfortable, or if any of the participants need a lawyer to help interpret the terms and conditions of the negotiation.

Mediation is a fair process where blames are not passed, rather it focusses on the rights, needs, and interests of parties involved to help them seek mutual agreement. A mediator achieves this by managing the interaction between the parties, recognise, evaluate, and analyze core issues without giving definite advice as to how to resolve the conflict. The mediator only helps to stimulate conversation which will yield beneficial and favourable resolution for the parties involved.

Mediation can take place at any time. Parties could seek the help of a mediator before or after the close of any business transaction. It is applicable in many several areas such as; childcare plans, grievances, land conflict, partnerships, discrimination, family feud, divorce, wrongful, work termination, real estate conflict, religion community conflict, and many more.

Mediation also helps you gain recognition; It allows the other party to hear and understand your point of view which helps to speed up the resolution process to achieve an acceptable agreement by both parties.

Therefore, in this era of global community, conflict is unavoidable. It is our collective responsibility to attempt to resolve our differences through the channel of mediation. Mediation does not only focus on resolving disputes but also helps parties to efficiently move on with their lives and businesses.