Sectional Title disputes need not lead to costly litigation or similar processes: there are cheaper ways of achieving better results.
Taking to the law in a Sectional Title conflict crisis starts an escalating spiral of costs for everyone,
This is not just cash: time, stress, and unpleasant effects flow into family, neighbours, and personal life as just a few of the considerations.
Winning can become so warped that its meaning changes to “who loses the least”.
Most litigated disputes are settled out of court… but that’s when “the big bucks” have already been spent.
Beside monetary costs, “winning” through litigation can’t be measured without accounting for non-monetary costs as well. In addition to loss of time and general strain, any degree of animosity or resentment tends to remain an underlying source of conflict.
With all the best intentions, negotiation doesn’t always expedite dispute resolution to the satisfaction of all parties. Each side is reluctant to expose their hand or appear weak – and not without cause when the stakes are “high”.
Mediation is distinct from Negotiation and certainly from Arbitration.
Mediation allows disputants to retain control of information passed on to the other side, and unquestionably, the outcome of the process.
The confidential nature of mediation circumvents bad publicity and rumour mongering, with the best chance of preserving relationships that may well be valuable in the future.
75% of the time Mediation is successful, with settlement usually in a few short days, at a fraction of the cost.
Following failed discussions or correspondence, Mediation is the obvious next step to get from conflict to settlement.
Let us never negotiate out of fear. But let us never fear to negotiate
~ John F. Kennedy