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Dispute Resolution

Independent, unbias evaluation of the situation and dispute resolution.

arbitrationLitigating land disputes is often a necessary evil that landowners must take to protect their property rights. But litigation is often slow, frustrating and expensive. Before any client files their complaint, alternative resolution methods should be given serious consideration.

Alternative Dispute Resolution (ADR) includes two primary processes: mediation and arbitration. Both methods use a neutral third-party to help resolve the dispute between the parties. Both processes have their advantages and disadvantages, so choosing the best option for your situation should be discussed with your attorney.

Dr. Nettleman serves as a subject-matter mediation expert in the fields of title, boundary easement conflict resolution. He provides land-specific exercises and tasks to move the discussion forward as a means to finding an amicable solution as quickly and efficiently as possible. To learn more, email Dr. Nettleman today.

1) Mediation

  • Can be voluntary or compulsory (court ordered).
  • Trial is stayed (put on pause) pending outcome.
  • Generally involves a single mediator.
  • Mediators need not have any formal legal training.
  • Choice of mediator often has an important effect on the settlement reached.
  • Mediator’s function is to facilitate negotiation .

2) Arbitration

  • Can be voluntary or compulsory (court ordered).
  • Trial is replaced by arbitration.
  • There might be a single arbitrator or a panel of arbitrators.
  • Arbitrators need not have any formal legal training.
  • Choice of arbitrator can be crucial, and especially in panel situations can lead to further litigation.

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