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Mediation is one of the most common methods of alternative dispute resolution (ADR) available to parties in a legal dispute. Mediation is essentially a negotiation between the parties that a neutral third party, known as a mediator, facilitates. This person’s job is to listen to the evidence and help the participants come to understand each other’s viewpoints regarding the controversy. Unlike arbitration, which uses formal trial-like procedures, mediation does not involve decision-making by the neutral third party—rather, the mediator attempts to get the parties to agree to a favorable, voluntary resolution of the case.
Mediation has several benefits over both litigation and arbitration. First and foremost, the main purpose of mediation is to avoid the time and expense of litigation by settling the lawsuit early in the process. In most cases, parties who choose to mediate a dispute can reach a resolution much faster and cheaper than they could have if they litigated the case. Second, mediation is an informal process. This allows the parties to engage with each other more than they would in a court-driven process that involves an abundance of formal rules and procedures designed to separate the parties. Thus, a mediator who deals directly with the parties can focus the attention of the parties on their actual needs and interests rather than their stated positions. Finally, mediation provides participants a great degree of control over the final outcome. Unlike a traditional lawsuit, the parties in mediation are in control. Thus, they have a much greater say in the negotiations and more control over the outcome than if a jury or judge decide the case for them.
Mediation can ensure that you receive just compensation in your condemnation case for many of the same reasons as it can any case—it’s faster, cheaper, and gives you more control over the outcome of the proceedings. Using mediation in condemnation proceedings will also provide you the ability to attend to the finer details of the implementation of the condemnation—such as when the government will carry it out, how much compensation you receive, etc. An additional benefit of using mediation in condemnation cases is that they can prove even more complex, time-consuming, and expensive to litigate than the average case, and often involve myriad corollary issues. Add to this the reality that the vast majority of landowners who face condemnation proceedings are not legal experts and just want to complete the process as quickly and painlessly as possible, and mediation quickly appears more desirable.
If you face condemnation proceedings, you deserve just compensation for your land. One way to ensure that you receive just compensation without the pain and expense of litigation is to attempt to mediate your case. At the law office of Sever Storey, our legal team has extensive knowledge regarding condemnation actions and negotiations. We have handled a wide variety of eminent domain cases ranging from farmlands to business properties to family homes. We recognize how important your land is to you and we respect how much personal value it holds. Please do not hesitate to call our office at (888) 318-3761 or contact us online for more information.
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