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Alternatives to Litigation in Your California Real Estate Dispute

Regardless of whether you are a residential homeowner who has discovered a material, undisclosed defect in your property, or a commercial property owner facing a revolt from tenants over extremely costly building repair issues, the threat of a legal dispute can send shivers up your spine when you think about a long battle in the court system that drains financial resources and puts the state of your property in what can feel like a never-ending existential limbo.

 

Resolving a real estate dispute, however, does not have to involve a long courtroom litigation involving discovery, depositions, filings, trial preparation, trial, and all the delays and financial costs that can entail. There are in fact several alternatives to litigation in your California real estate dispute, and an experienced California real estate dispute attorney can help you assess your options in pursuing the optimal outcome in your dispute.

Having an Attorney Negotiate On Your Behalf

Both residential and commercial deals are typically driven primarily by people without extensive legal backgrounds. Even if a real estate attorney helped draft or review a real estate agreement, the parties themselves may be unfamiliar or unclear with the underlying legal issues that will resolve the dispute.

 

Thus, sometimes engaging a real estate dispute attorney who can assess the situation, determine how a court would resolve the matter under applicable legal principles and precedent, and then explain that to the other party can diffuse hostility and bring both parties to a mutually agreeable end to the dispute via a robust negotiation.

Entering into Voluntary Mediation

Mediation is also an effective method for resolving real estate disputes. In mediation, both parties will come before a mediator whose job it is not to decide “who wins” but rather to work with the parties to help them understand each other’s perspectives (which can indeed include perspectives informed by the law) and help them to reach a settlement agreement on all of their issues which ends the dispute.

 

Mediation is an informal process, and does not involve the costs and delays of litigation, but parties can work with their own legal counsel in preparing for and conducting the mediation, as well as in reaching a new agreement to resolve differences stemming from a real estate dispute.

Submitting to Binding Arbitration

Arbitration is different from mediation in that the parties forgo their right to go to court and agree to submit to what an arbitrator decides. While experienced arbitrators are often retired judges who have the knowledge of the law to effectively reach a fair outcome, like mediation, it does not involve the more costly aspects of litigation such as discovery, depositions, and extensive legal filings over months and even years.

 

Speak to an experienced California real estate dispute attorney about what options – including litigation – might be best for resolving your California real estate dispute.

Contact the Real Estate Dispute Attorneys at Wagenseller Law Firm

At Wagenseller Law Firm in downtown Los Angeles, we provide full legal services to individuals and businesses in business and real estate disputes. We provide counsel and representation to landlords, developers, commercial tenants, and investors alike. Contact Wagenseller Law Firm today to schedule a consultation to discuss your real estate matter.

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