What happens if a real estate dispute is not resolved through litigation?
If a real estate dispute is not resolved through litigation, there are still a few options available to the parties involved. One of the most common alternatives is mediation or arbitration. In mediation, a third party mediator will work to facilitate a resolution between the parties. The mediator does not make a legal ruling, but rather attempts to get both sides to reach an agreement. Arbitration is similar but with an important distinction. This process requires the parties to present their case to an arbiter who will then make a binding decision. The decision of the arbiter is legally binding and must be followed by the parties. If the parties are unable to reach a resolution through mediation or arbitration, they may consider other options such as negotiation or a court trial. Negotiation involves private meetings between the parties’ attorneys, in which they will come to an agreement. This option is more time consuming but can save the parties legal costs. Finally, the parties may have to go to court. Going to court is a time-consuming and expensive process, and the attorney fees can quickly add up. However, if all other options have been exhausted, court may be the only option available. The outcome of the court trial is decided by the judge and is legally binding.
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