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3 alternatives to litigation to consider in real estate disputes

On Behalf of | Apr 26, 2016 | Commercial Real Estate |

If you are a small business owner in Florida, then you likely have a lot on your plate on any given day. Finding efficient and effective solutions to problems that arise will therefore be a top priority.

This can be especially true when it comes to legal disputes. For instance, let’s imagine you have leased commercial property to grow your business. However, the situation hits some obstacles when the terms of your lease come into question. Rather than resolve the dispute through litigation, it may be faster and more cost-effective to consider one of three alternative dispute resolution methods.

  1. Arbitration: Through arbitration, you and the other side present your cases to a neutral third party who will then make a ruling. That ruling may be binding or not, depending on the specific situation. Arbitration may be required if you signed a clause in your lease, so it will be wise to consult that document before making any decisions.
  2. Mediation: Through mediation, both sides receive assistance in negotiating a resolution between themselves. Settlements are reached voluntarily and through open discussion and compromise.
  3. Early neutral evaluation: This process allows both parties involved in a dispute to gain a better understanding of the situation prior to going through a more formal process. A neutral intermediary hears the positions of both sides and then provides an evaluation of each party’s position. Based on that evaluation as well as the intermediary’s assessment of the facts and disputed issues, efforts to resolve the dispute can proceed.

There are a few of the more common types of dispute resolution, though there are a few others. But if you are in a situation where you are butting heads with another party over the terms or execution of a lease, each of these processes can prove to be effective ways to resolve the dispute.

Unfortunately, there are situations in which these methods are ineffective and litigation becomes necessary.

It is crucial that you prepare for any of these scenarios when it comes to resolving a dispute as a small business owner. Having an attorney by your side will be a critical element of this preparation.