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Alternative Dispute Resolution

 

Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants.

While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution.

Mediation is also an informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject.

 

Mediation

 

Mediation is a process by which a neutral third-party helps participants to resolve their dispute in a collaborative, mutually cooperative manner. The mediator sponsors a conversation between the participants by creating an environment in which they feel comfortable discussing their views of the dispute, and helps them identify the underlying issues in the dispute and possible options as to how those issues might be resolved. The hallmark of mediation is cooperation, not conflict, and the agreement reached by the participants themselves is mutually beneficial and voluntary.

 

Benefits:

 

You decide the outcome:

The final outcome of a mediation is decided by both parties involved, the mediator doesn’t make any final decisions.

Your needs and interests:

Mediation examines the underlying causes of the problem and looks at what solutions best suit your interests.

Relationship:

Mediation examines the underlying causes of the problem and looks at what solutions best suit your interests.

Mediation addresses feelings:

Each person is encouraged to share their point of view. Acknowledging emotions promotes movement towards settlement. Discussing both legal and personal issues can help you develop a new understanding of yourself and the other person.

Settlement:

higher rates of satisfaction after resolving disputes through mediation. Also, because of their active involvement, they have a higher commitment to upholding the settlement.

Agreement:

Mediation is less intimidating than going to court. No strict rules of procedure, flexibility allows the people involved to find the best way to agreement. Mediation can deal with multiple varieties of issues at one time.

Time:

Years may pass before a case comes to trial, while a mediated agreement may be obtained quickly. Mediations speeds up the process.

Cost:

Going to court is expensive, often exceed benefits. Mediation is a great alternative to months, or years, of lawyer fees. Spend your money solving the problem rather than arguing over a solution.

Confidential:

Unlike most court cases, which are matters of public record, most mediation is completely confidential. And quickly resolve any disputes

The Procedures:

The mediator, as a neutral third party, will work with the parties to encourage them to resolve their own dispute. The parties recognize that mediation is a voluntary, informal, supervised negotiation and that the mediator is not a judge, nor have the authority to force an agreement on the parties and will not render a decision.

The parties understand that the mediation is voluntary and they agree to negotiate in good faith, and understand that they are not required to reach agreement on any issue. Either of the parties may choose to end the mediation at any time.

The parties will freely make all of the decisions in the mediation; the mediator cannot impose any decision upon them.

The mediation process and will give each equal time as much as possible during the mediation sessions. The mediator will not take sides during the mediation.

 

Documents:

Investors will submit to SMART Real Estate copies of documents related to the dispute, such as the purchase contract, contingency releases, transfer disclosure statements, and written communications between the parties.

Mediation Session:

Investor or developer will meet with the mediator at an agreed upon date and time.

The session begins with introductions and a review of the mediation process. Investor or developer will then have an opportunity to present their point of view. The mediator assists in clarifying issues, identifying the interests of the party, and dispute.

Mediator:

The mediator will consult with concern authorities and gain information about the conflict.

Next, the mediator will meet each party separately to consider alternatives to the positions that they had taken prior to mediation. Partied sometimes make new offers at this point, . The mediator will often go back and forth between parties to clarify points and present new offers prepared by other parties.

During this period, the mediator may offer suggestions as to available options that had not been previously considered. The parties’ trades with each other over the terms of the settlement until all issues have been resolved.

Adjournment:

In some cases all issues may not get resolved during the Mediation Session. If so, it may be necessary to adjourn to allow the party to research additional information, obtain additional bids for work to be done, and to consult with their attorneys. SMART Real Estate will normally coordinate additional negotiations between the parties via telephone.

Agreement:

Once a agreement on all issues, has been made a written Memorandum of Understanding is drafted. This Memorandum is then used to create a legally binding agreement, which typically includes a clause stating that it settles any and all present and future claims between the parties.

Most common disputes that can be resolved

DEPOSITS

When a buyer, who deposits money as part of a real estate purchase contract, later decides not to (or is unable to) complete the purchase, and a dispute arises as to whether or not the buyer is entitled to recover all or part of their deposit or transfer with noc to more suitable investment.

COMPLIANCE

When a buyer of a property contends that the seller has not fulfilled their obligations of a real estate purchase contract.

PROPERTY DISCLOSURES

After the purchase of a property, when a buyer discovers problems they believe were not disclosed to them prior to the sale, as required by Dubai real estate law. Buyer requesting reimbursement for repair costs, payment of damages, or a retroactive adjustment in the purchase price.

DISSOLUTION OF OWNERSHIP

When two or more parties share ownership of a property, and one or more owners wish to sell their interest in the property.