CHOOSING THE PROCESS THAT WORKS FOR YOU

If you are involved in a property or commercial conflict here is a quick glossary of tips that may help you decide how to proceed.

1. If you are confident in your ability to negotiate a resolution, reach out to the other party and ask to discuss the issues. But remember in any successful negotiation, each side needs to win. The only place where the ‘winner takes all’ is at a casino.
2. If neither you nor the other party are confident negotiators, suggest naming a trained mediator . Mediation is essentially assisted negotiation. For mediation to work, both sides need a ‘win’.
3. Should mediation not appeal to you and should you prefer that a neutral third party listen to your dispute and make a decision, a trained arbitrator may be able to help you. But remember, arbitrators make private, out of court, legally binding decisions. And decisions can be 100%-0% depending upon the facts. So arbitration can result in a ‘win/lose’ for someone.
4. If for a reason of principle the parties feel that a legal precedent is required, the last option is litigation. However, it is important to understand that lawsuits take years to reach trial and attract  heavy legal expense. In many cases, if one side wins, the other loses making trials somewhat similar to arbitration. So consider very carefully whether a negotiated resolution is likely to produce a better result than a ‘win/lose’ process.
5. Whatever process you choose, it is important to always keep a detailed file to assist your recollection, extend co-operation and be self-critical. Merely blaming the other party usually doesn’t yield the best results especially if there are provable weaknesses in your own position.