I recently had an enlightening conversation with Robert Adler from Adler Law about different approaches to resolving real estate conflicts. As both a seasoned litigator and a certified mediator who graduated from the prestigious Straus Institute of Dispute Resolution, Rob offered some fascinating insights into how property disputes can be handled more effectively.
Two Paths to Resolution
When real estate conflicts arise, property owners typically have two main options: litigation (going to court) or mediation (working with a neutral third party to find a solution). Understanding the differences can help you choose the right path for your specific situation.
Litigation: The Traditional Approach
Litigation involves taking your dispute to court, where a judge or jury will hear evidence and make a binding decision. Here's what you should know:
Potential Benefits:
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Results in a legally binding decision
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May be necessary when the other party refuses to negotiate
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Creates legal precedent that might protect others in similar situations
Considerations:
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Often takes 1-3 years to reach resolution
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Legal fees typically range from $10,000 to $100,000+ depending on complexity
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The process is adversarial by nature, potentially damaging ongoing relationships
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Court schedules and procedures are inflexible
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Outcomes are unpredictable and in someone else's hands
Mediation: The Alternative Approach
Mediation involves working with a trained neutral third party who helps both sides communicate and find mutually acceptable solutions. Consider these factors:
Potential Benefits:
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Usually resolves within weeks or months instead of years
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Typically costs 25-50% less than litigation
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Allows creative solutions that courts can't order
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Maintains privacy (court cases become public record)
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Preserves relationships between neighbors or business associates
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Gives you control over the outcome
Considerations:
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Requires willingness from both parties to participate
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Isn't binding unless both parties agree to a written resolution
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May still need litigation if mediation doesn't succeed
Real-World Example: A Tale of Two Neighbors
The Litigation Path: The Johnsons and Smiths disagreed about a fence location by just eight inches. After failing to resolve it themselves, they went to court. Three years and over $60,000 in combined legal fees later, the judge ruled in favor of the Johnsons. The families no longer speak, and both felt the process was exhausting and expensive.
The Mediation Path: The Garcias and Patels had a similar fence dispute. They chose mediation, meeting three times with a mediator over two months. Total cost: $3,000 split between them. The resolution? A beautiful new fence with an artistic design element at the disputed section that both families love. They remain friendly and even co-host an annual block party.
Which Path Is Right for You?
If you're facing a real estate dispute, consider these questions:
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How important is your relationship with the other party?
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How quickly do you need resolution?
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What's your budget for resolving this issue?
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How much control do you want over the outcome?
Most people don't realize they have options beyond going to court. Mediation often preserves both relationships and bank accounts while giving everyone more control over the outcome.
In my experience, most real estate disputes benefit from at least attempting mediation before litigation. Many courts in California now require mediation attempts before they'll hear certain types of property disputes, recognizing its effectiveness.
Finding Help When You Need It
If you're facing a property dispute and need guidance on the best resolution approach, I highly recommend reaching out to Rob Adler at Adler Law. With expertise in both litigation and mediation, his team can help you understand which path might best serve your specific situation.
Contact Adler Law at (818) 960-1099 or visit www.adlerlaw.org to schedule a free 20-minute consultation.
Dana Olmes and Jeff Biebuyck are the powerhouse duo behind the Frontgate Real Estate Team at Compass, consistently ranking in the top 1% of agents nationwide. Renowned for their integrity, market expertise, and strategic approach, they have built a reputation as trusted advisors to an elite clientele, including corporate executives, attorneys, celebrities, and entertainment industry professionals. Their unmatched negotiation skills and innovative marketing strategies have made them industry leaders, with the majority of their business driven by referrals and repeat clients. With over 40 years of combined experience, Dana’s extensive real estate background and Jeff’s expertise in engineering, music, and film—along with his leadership in prop-tech innovation—position them at the cutting edge of luxury real estate. Their deep connections and specialized focus on Sports & Entertainment clientele further solidify their status as premier agents in Southern California’s competitive market.
