Should You Try Mediation Before Litigation?

Irvine real estate litigation attorneys can provide you with assistance if you become involved in a dispute. Disagreements are very common in the business world, including in the field of commercial real estate. If you are involved in a conflict, getting the problem resolved in a cost-effective and efficient manner that protects your long-term interests is of utmost importance. Your attorney should help you to identify the best strategy to achieve that goal. 

Brown & Charbonneau, LLP can assist you in all different types of business conflicts, including conflicts that arise in relation to real estate development and other construction or real estate projects. One of the many things our firm can advise you about when a problem arises is the best method of dispute resolution. In some cases, the most effective way of resolving a conflict is mediation.

Should You Consider Mediation Before Litigation?

Mediation can be a better approach than litigation to resolving disputes for numerous reasons. Mediation may be preferable because you have the opportunity to work with the person whom you are involved in a disagreement. You are not put into an adversarial situation where there is a winner and a loser. You can communicate openly, work together towards a resolution, and everyone should hopefully come out with a resolution that they can live with.

This is important in a business context, and is important in real estate. If you are involved in a dispute over a construction project, for example, it might be difficult to find a new contractor to complete a project if you are dissatisfied with your current contractor. The contractor could also face substantial financial loss if a court case determined that a construction agreement was breached. Coming to an agreement in mediation in which the contractor agrees to fix the issues in a mutually satisfying way could result in a far better outcome for all parties.

Mediation can not only result in better outcomes, but it can also be less costly than litigation and can keep a disagreement private. However, this does not mean that mediation is preferable or even possible in all situations. Mediation is generally voluntary and it requires communication and a willingness to compromise on the part of all parties who are involved in the disagreement. If any of the parties who is involved in the conflict is not willing to work towards compromise, mediation is not likely to be successful.

You should carefully consider whether you believe compromise is possible and whether you are willing to work with the person who you are having a disagreement with in order to decide whether or not mediation is an appropriate approach in your situation. If you do not believe that you can come to a compromise resolution, then mediation would simply be a waste of time. An experienced attorney can assist you in determining if mediation is potentially a viable option.

How can an Attorney Assist you During Mediation

Irvine real estate litigation attorneys can help you to understand what your rights are when a conflict arises. If you are fully informed of the types of remedies that would be available to you in civil litigation, you can come to mediation with a realistic idea of what a favorable outcome would be. This can help to give you a starting point for compromise.

Your experienced attorney can also bring negotiating skills to the table. Brown & Charbonneau, LLP attorneys are skilled negotiators who are able to successfully help clients find compromise solutions during the mediation process.

Finally, an experienced attorney can help you to ensure you do not agree to an unfair compromise in mediation. You do not want to give up rights or remedies that you are entitled to solely so you can find a compromise solution. It is important to talk with an experienced attorney to ensure that any agreement you might come to in mediation is reasonably favorable to you.

Getting Help from Irvine Real Estate Litigation Attorneys

Brown & Charbonneau, LLP can provide invaluable assistance with any type of dispute that arises, including with disputes related to residential and commercial real estate. Our legal team can advocate for you and negotiate on your behalf during the mediation process and can help you to litigate your issues in a court of law if necessary for an appropriate remedy.

To find out more about how our legal team can assist you, give us a call at (866)237-8129 or contact us online today to speak with a member of our legal team.