If you were ever part of a neighbour dispute, you would know that, at times, it can be expensive, fractious and hostile. Sometimes, mediation can be incorrect as bad attitudes and intense emotions are already at their peak. But due to its perceived weakness, mediation often has a strong role in resolving disputes.
Neighbouring disputes are often about the underlying relationships and issues between people and also technical issues such as the location of boundaries and types of boundary disputes with neighbour, high hedges, access rights and many more. Read the blog below to learn the advantages of mediation in neighbour disputes and why it is the best choice.
Mediation is considered part of a portfolio of the alternative dispute resolution or ADR process that helps conflicts to be resolved outside of litigation. ADR can help to cover various formal and informal settlement meetings, negotiation, conciliation, arbitration, mini-trials, mediation and other routes.
Australia’s judiciary now supports most forms of alternative dispute resolution, and the concepts have been added to various national, international and regional guidelines.
Mediation is considered one of the best voluntary, private and non-binding dispute resolution processes where an unbiased individual helps both parties reach a proper negotiated statement. One of the essential tenets of mediation is that there is no bias in it, and this ensures that both parties know that the process is confidential.
In this process, no information is disclosed to the public, and the views expressed and the ordered concessions will not be held against any of the parties if the problematic matter goes to court. There are multiple models of mediation, and the facilitative style is arguably the most popular. This is the style most suited for common neighbour disputes.
This form of mediation enables sustainable settlement to be reached by both parties that can also be structured into a legally binding signed agreement. It is helpful as it allows a court-appointed expert from a particular sector in the role of a mediator to make the best advice and suggestions for a proper settlement.
There are separate ways to resolve conflict, and litigation which involve hiring a legal professional or neighbour disputes lawyers in Perth lawyer to sue a business or an individual is one of them. But this is one way that can be time-consuming, expensive and bureaucratic. This way of resolving a conflict can also lead to damaged relationships.
Though there are neighbour conflicts for which you must visit the court, for instance, if a contractor is installing a music studio in your neighbour’s apartment and it breaks through your wall, breaking something, there will be huge money at stake. Only with the help of legal action can you acquire a reimbursement.
All, the neighbour conflicts do not lead to great damage to money. The time that will take to meet a lawyer, look to discover things or have the lawyer present this situation to the judge will be a lot. All these can cost you a lot of money if the matter goes to court, though sometimes, it can be the only option.
There are several reasons why mediation easily resolves conflicts, and it usually works well in cases where parties have an existing relationship even after the dispute. One of the reasons why it is favourable is due to the less money involved and that when there is a proper mediator, both time and money can be saved.
The thing that matters most in a mediation settlement agreement is whether both parties can:
The thing that both parties should ensure is that both follow the terms of the agreement. This involves a thing called “reality testing”, and both must be honest with yourselves. The other important thing is to perform what is needed.
If you and your neighbour are unsuccessful in resolving the dispute, you must opt for legal ways to solve the problem. This is because sometimes, mediation alone cannot help solve disputes. In this case, you can contact Civil Lawyers Perth WA to have access to the best neighbour dispute lawyers who can help ensure that a settlement is made.