Litigation versus Mediation in Boundary Disputes!

If you and your neighbor have boundary disputes, there are ways that you can resolve the issue without having to go to court.One of the best ways is to go through mediation.This is a voluntary process that is private and non-binding.The parties involved are encouraged to simply work together in a constructive way in order to resolve the problem. In this process, not only do you resolve the current problems,you also identify key issues and deal with them thus ensuring that in the future the same thing does not arise.The agreement and full participation of all parties is necessary in order to mediation to succeed.

Mediation is something that is promoted and offered by the judiciary.It is considered an alternative to going through the litigation process.Many times, litigation can be expensive, difficult and time consuming and even after the court has made its judgment relationships breakdown and there is plenty of disharmony.Mediators on the other hand tend to be independent and neutral.They are able to facilitate discussion and negotiation in a manner that is non-judgmental.Dispute resolution is achieved when both parties come to an agreement.The parties therefore are in control of the process of mediation as they participate fully in the agreement that will be drawn up for them to sign.

A Closer Look at Litigation Vs Mediation

• Time – Mediation can settle disputes in as little as one day while litigation can take months or even years to resolve the issue.

• Cost – With mediation the costs are controlled and provided up front.With litigation there is potential of uncontrolled costs that can go quite high.

•  Outcome – Mediation looks for a win-win situation.With litigation the outcome is based on what the judge says.

• Control – With mediation both parties remain in complete control of the process.With litigation the court has control.

•  Issues – Mediation will clarify and reduce the issues at hand while litigation can be a very stressful process.

• Solutions – There is flexibility as the parties work out what works for them during mediation.  Litigation on the other hand has constrained solutions because they cannot be created as you go.

Anyone who considers mediation should go into it knowing that the issue is not so much who wins and who loses.It is about looking into all available solutions through mutual respect, understanding and cooperation.Because the mediation process is not constrained in the same way as the litigation process is,innovative ideas to resolve issues can be employed.The idea is to come up with a solution that is win-win for the parties involved and a professional mediator is able to help you achieve that.

Boundary disputes can take a long time to go through the litigation process, the speed availed by mediation is for the benefit of the parties involved.It is also important to remember that the judiciary highly encourages and recommends mediation in order to settle disputes.Many times judges will even put a “stay” on court proceedings until after the parties have gone through mediation and tried to come up with an amicable solution.