Building Disputes Resolved With Mediation
Now day it has been seen in the society that people have disputes regarding the buildings or their flats. Some of the people are fighting for the possession or some are fighting for title dispute or construction related disputes related to quality of the material. Courts are full of cases related to buildings and it take years in attaining final judgments. Never-ending legal proceedings are going on in courts which dragging generations in court, and ultimately the one who really wants the justice is not alive.
For solving the disputes speedily and pocket friendly people should choose the option of Mediation. Mediation is a process by which people can solve their disputes in a room with the help of Mediator. Mediation is one of the fast popular ways of alternative dispute resolution in areas of law. A mediator tries to make compromise between the parties and settle down the dispute in the terms which are profitable for both the parties. It is very much important that a mediator should be neutral and cordial to both the parties and always have a positive attitude towards settling the dispute. The Mediator tries to convince both the parties to agree on middle term so that dispute can be solved without wasting time and money in the courts. It is not necessary that dispute will be settled in a single sitting in some big disputes it needs two-three sittings to settle the dispute.
The mediator after settling the dispute frames the certain terms and conditions which is agreed between the parties and write it down as report so that both the parties are binding to the settlement. Now days instead of fighting in the courts, parties prefer or solve their disputes by way of Mediation. Mediation not only helps parties economically but it is a time saving process as compare to normal legal proceedings. One of the major advantages of the mediation is that People can’t deny the terms once they are agree to it. Mediation helps both the parties to settle down the dispute on flexible terms and to create the faster solution. It is always observe by the courts that an opportunity should be given to both the parties to settle their matter by way of Mediation, if it fails then option to come to courts is always open for the parties.
There is no fixed formula to settle the dispute by way of Mediation as each case and every party have different terms of settlement and Mediator has to approach the way accordingly. A mediator should be a person who has a good ability to listen to the parties’ patience fully and can explore the maximum possibilities to settle the dispute. It is very necessary for the parties to make understand to the parties that what Maximum possible situations to settle the matter are. Now a day it has been observed that court tries to solve and finish the backlog cases by way of Mediation only.
It has been observed that some time big builders have disputes with other companies or their clients, in that case for the sake of protecting their image in the market big builders always prefer to settle the matter by way mediation and protect their company image in the market. Mediation is in all the ways economical, smooth and easier in comparison to the legal court proceedings and it also saves the time and energy of both the parties.