Disputes have become an inevitable consequence of people living in close proximity to each other. The massive increase in Gated estate living and Bodies Corporate means that more people are living in closer proximity to each other than in the past. This often leads to disputes being raised for various matters concerning their living conditions. Accurate and thorough knowledge and experience of dispute resolution has become essential for those managing lifestyles in complexes and estates.
Once a dispute arises, there is often a debate whether the parties are to refer the dispute to mediation or arbitration, and whether they should approach the courts for relief.
When should I request Mediation ?
Situations where people cannot settle an internal difference / dispute between themselves
Situations where significantly important decisions are required in a relatively short time, either party is too emotionally involved, or has no intentions to resolve.
How will Mediation assist me ?
• Neither of the involved parties are allowed any professional representation (No Lawyers involved)
• There is a lot less pressure, with an open forum for the issues to be tabled and discussed.
• Successful Mediation will avoid arbitration, and can save a lot of time and money.
What is the Mediation Process
Introductory remarks from mediator
Declaration of the problem tabled by each party
Set an agenda and agree on goals
Discuss all relevant information
Generate options and negotiate
Reach an agreement
When should I request arbitration ?
• Situations where attempts at resolving the dispute through mediation are unsuccessful.
• Where the involved parties feel that the expertise of a professional in the form of the arbitrator is necessary in order to settle a dispute.
• Situations in which the dispute revolves around clear rules, legislation or guidelines.
Benefits of arbitration
• Presided over by an expert.
• Dispute is kept out of court and is therefore more cost effective
At the end of the Day, NOBODY likes a protracted battle with their HOA, Body Corporate or neighbor. Property Management Services offers highly experienced mediation and arbitration professionals to ensure that your disputes, no matter how BIG or small are resolved as quickly and cost effectively as possible.
Contact us for more information……..