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Developers may consider using mediation for real estate disputes

Not every project goes smoothly. Orange County developers could encounter obstacles to the completion of their projects due to some sort of dispute. While the knee jerk reaction may be to file a lawsuit, the situation may be better handled through the use of mediation.

Unless there are complex legal issues surrounding the property or allegations of criminal conduct, keeping the matter out of court could be the most advantageous way to move forward. More than likely, the parties involved need to try to maintain some form of working relationship, and doing so would probably have a greater chance through mediation than litigation. For this reason, choosing mediation could prove useful.

Other reasons to consider this alternative method of resolving a dispute include the fact that it usually takes less time and money to go through mediation than it does litigation. Even if it takes more than one mediation session to come to an agreement, this method could still provide a better outcome. Moreover, unless the parties agree otherwise, if the parties cannot resolve the dispute within a reasonable amount of time, going to court remains an option. This is one of the differences between mediation and arbitration, which is often binding on the parties.

Even if Orange County developers attempt to stay out of court, that does not preclude the need for an experienced real estate attorney. Even though many mediators are attorneys, they serve as neutral third parties and do not represent either party in the process. Therefore, the need for a legal advocate to help protect a party's rights and offer advice and assistance remains an invaluable part of mediation.

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