Real estate disputes can arise from contract breaches, boundary disagreements, lease conflicts, construction defects, or partnership disagreements. When disputes occur, property owners and investors must decide how to resolve them. Two common options are mediation and court litigation. Understanding the differences helps parties choose the most effective path forward.
Common Causes of Real Estate Disputes
Real estate disputes often involve issues such as:
- Breach of purchase or lease agreements
• Failure to disclose property defects
• Boundary or easement conflicts
• Landlord and tenant disagreements
• Construction delays or defects
• Partnership or ownership disputes
Each situation requires a tailored approach to resolution.
What Is Mediation
Mediation is a voluntary process in which a neutral third party helps the disputing parties negotiate a resolution. The mediator does not make decisions but facilitates discussion and compromise.
Benefits of Mediation
Mediation is typically faster and less expensive than litigation. It allows parties to maintain control over the outcome and often preserves business relationships. Mediation sessions are confidential, which can be valuable in sensitive disputes.
Mediation works well when parties are willing to communicate and seek a practical solution.
What Is Court Litigation
Litigation involves resolving a dispute through the court system. A judge or jury determines the outcome based on evidence and legal arguments.
When Litigation Is Necessary
Litigation may be appropriate when one party refuses to negotiate, legal precedent is needed, or significant financial or property rights are at stake. Court orders can enforce remedies such as damages, injunctions, or specific performance.
Comparing Mediation and Litigation
Mediation offers flexibility, privacy, and cost savings. Litigation provides formal procedures, enforceable rulings, and the ability to compel evidence and testimony. The best option depends on the nature of the dispute, the parties involved, and the desired outcome.
Choosing the Right Dispute Resolution Strategy
An experienced real estate attorney can evaluate your situation and recommend whether mediation or litigation is the most effective approach. Early legal guidance often leads to faster resolution and reduced expense.
Resolving real estate disputes strategically helps protect your investment, minimize disruption, and achieve a favorable outcome.
Have any legal questions? Contact the Attorneys at SBEMP Law Firm:
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.