What happens if a real estate dispute is not resolved through litigation?
If a real estate dispute is not resolved through litigation, it usually means that the dispute is not strong enough to be taken to court. When this is the case, parties may have to choose between using alternative methods of dispute resolution such as arbitration, negotiation, and/or mediation, or taking their chances in a civil suit. Arbitration is a process in which an impartial third party (called an arbitrator) listens to both sides, reviews evidence, and then renders a decision. This decision is binding and final. Negotiation is a process in which the parties involved discuss and compromise to reach an agreement. This method is often used when disputes are not serious enough to go to court, but where the parties would still like to come to some kind of resolution. Mediation is a process where a neutral third party acts as a go-between for the parties to help them settle their dispute. The mediator will help the parties communicate and negotiate. The mediator is not empowered to make a decision, however. Finally, the parties may choose to take their dispute to court. This involves filing a lawsuit and going through the legal process of discovery, a trial, and an appeal if necessary. A court decision, however, is not binding and either party can still appeal the decision if they disagree with it.
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