What Is The Initial Process In A Neighbour Dispute Resolution?

November 8, 2021    Civillawyers
What Is The Initial Process In A Neighbour Dispute Resolution?

Neighbours are the people who can offer immediate help when you face any emergency. It is important to maintain a warm and cordial relationship with them. Thus, if any problem arises with your neighbour, you must try your best to resolve it as early as possible because if it escalates, it can lead to a more serious issue, and you may find it hard to resolve.

You may consult neighbour disputes lawyers for legal advice, but before choosing this option, it will be better to resolve through communication and mediation. Go through this blog to know how to sort out the whole thing without involving the lawyers first.

What Are The Most Typical Causes Of Disputes?

A dispute between two neighbours can arise due to several reasons. The four most common causes include:

  • Fences
  • Overhanging branches
  • Pets
  • Noise

What Can You Do Initially To Resolve The Dispute?

Here we share some initial steps to resolve your problem.

  • The best step that you should take to solve the problem is communication. If possible, talk to your neighbour. Sit with them and discuss how the problem affects both of you and what should be done to solve it. You must show enough respect to your neighbour and listen to what they are saying. It will be a better idea to keep a record of all contact you have made with them regarding the dispute.
  • Sometimes, you may require some minor adjustments to solve it. So, if you can think rationally and work out, finding a solution may not be challenging.
  • When you come to a certain agreement with your neighbour, you can consider making an action checklist together or putting the whole agreement in written form. It will help you understand what responsibilities both of you must fulfil. Keeping a copy of the agreement will be crucial, and you must let your neighbour know if difficulties arise.
  • You should also be aware of your legal stand. Whether or not you want to go for legal action, knowing the details of the law can help you realistically analyse your options and negotiate efficiently for an effective outcome. You can also make sound decisions about what proceeding steps you should take.
  • Next, you should investigate the options that will suit your situation the best. There may be a wide range of solutions available, including both non-legal and legal.
  • In the case of neighbour disputes, you should always be prepared to make compromises. Whether you choose to resolve it through talking or through legal action, you may need to compromise in the end. So, before coming to the final decision, you must analyse the issues carefully to figure out which things you can compromise.
  • If you get constant threats from your neighbour, it will be better to call the police.

What Further Steps Can You Take?

If two of you cannot solve the matter yourselves, you should now go for other alternatives

1. Mediation

Mediation is a better alternative to legal proceedings, especially for neighbour disputes. When you are facing challenges to discuss with your neighbour or the progress directly is slow, and a conflict is inevitable, it will be ideal to go for mediation. You can ask any neighbour dispute lawyers in Perth, and they will suggest it to you.

The process of mediation will provide you with the opportunity to meet your neighbour neutrally and discuss the issue in the presence of a professional mediator. The person can analyse the situation to find a solution that will suit the needs of both the involved parties. Remember that the agreement reached through this process is not a court order.

Most states recognise mediation in Australia as a valid and effective solution to a dispute. The courts also use it throughout the litigation process.

2. Legal Action

When every other process fails, you will have no choice but to go for legal action. However, it involves both advantages and significant risks. So, before you plan to go for legal proceedings, you must know both its benefits and drawbacks. The benefits of legal action are as follows.

  • An unbiased decision-maker will solve your problem.
  • Your grievance will be discussed publicly, and the decision will be made as per the law.
  • The dispute will be solved in an orderly and systematic way.
  • The law will protect the outcome.

The Drawbacks Include:

  • The resolving decision will be made by applying the law and not by applying fairness principles.
  • Even if you do not like the outcome, you have to accept it.
  • The whole proceedings may involve enormous stress, monetary costs, and delays.
  • During the legal proceedings, conflict and hostility may grow.
  • Depending on the specific law involved, type of dispute, and the solution you want, the type of court will be decided. In a word, you cannot choose the court.
  • Some courts and tribunals involve many complex procedures. If you choose such a court, you will need to look for professional civil lawyers in Perth to hire.
  • In many courts, there may be a risk of expenses awarded against you. Thus, if you lose your case, the court may order you to pay the other party's legal costs. These costs may be huge. Some courts also come under 'no costs' jurisdictions, where each party needs to pay their own legal costs. So, before going for any legal action, you must check it with the court.
  • There is also a risk when you do not like the verdict. Often, an appeal is not available, and even if it is available, it may be in limited cases.

Keep in mind that if the issue goes to court, the court will first ask you what attempts you have tried to solve it and may order you to use a trained mediator before legal proceedings.

Where Can You Find Lawyers?

Several civil-law firms can provide you with the important contacts of civil lawyers in Perth, WA. Before hiring, make sure you have done adequate research about their career history and reputation.

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