Can mediation assist with a commercial property border dispute?

On Behalf of | Dec 6, 2021 | boundary and title disputes | 0 comments

Commercial property border disputes often contain multifaceted issues with a variety of factors that those involved might not recognize at first. JD Supra, an online source for legal information, notes that while individuals usually turn to litigation to solve these issues, other resolutions exist, such as mediation, which may help those involved reach an agreement and avoid a court battle.

While mediation may not solve every dispute, it could assist with helping those involved move past any emotional factors and reach an agreement with their detractors in a shorter span of time.

Benefits to all parties

Mediation is often useful when multiple parties want to lay claim to a certain commercial boundary and cannot agree amongst themselves where to draw a property line. Individuals who may inherit property in the future may want to involve themselves in mediation because any decision made at this time may affect them at a later date. When all claimants take part in such a discussion, it may benefit everyone both short-term and in the future.

A more complete settlement agreement

When individuals attempt to solve commercial boundary disputes on their own, they may accidentally omit details that could become important at a later date. When multiple parties weigh in on such a dispute, they may overlook several factors, including:

  • The right for any party to reject future changes to a contract under renewal
  • Factors resulting from a land surveyor’s report
  • The right to appeal any decisions made by the mediator or court

When commercial property owners involve mediators in their disputes, the mediator can assist with creating a more complete draft of a settlement agreement. Not all types of commercial property disputes settle with mediation; however, some may find it useful for avoiding lengthy court battles that otherwise drain business resources.