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.
