Property disputes in India are one of the most common types of legal disputes. They can be related to property division, sale, and purchase of property, and property ownership, among others. It can also be related to delayed possession, defective construction, delays in the refund of advances, interest payments, amenities, size of plot or apartments, lopsided agreements, or fraud to name just a few more. The scope of real estate-related disputes is so large and varied that it can be a headache for anyone to wrap their heads around. No wonder most of the backdated or pending cases stifling the smooth working of the Indian legal system are in some way or other related to property disputes.
What is Mediation?
Mediation is a form of complaint resolution in which a trained, neutral, third party guides face-to-face communication between the parties to explore possible solutions and reach a consensus that is satisfactory to all parties involved. It is a voluntary process to which both parties have to agree.
Mediation is designed to find the root of a problem and to help the aggrieved parties find common ground by rephrasing or reframing the matters. A trained mediator can save a lot of time, hassle, and money. Instead of searching for the best lawyer for property disputes, only to have two opposing lawyers slug it out in court for years, mediation can solve the same problem through the help of an impartial third party.
Types of Mediation
There are two types of mediation under the Indian legal system:
- Court-referred Mediation: This type of mediation is referred to by courts if they believe a settlement is possible through this means, and if both parties agree to it.
- Voluntary or Private Mediation: Any party, whether it be government, corporate or private individuals can decide to resolve property disputes in India by engaging the services of a trained private mediator.
Mediation for Property Disputes
Mediation, also known as Alternative Dispute Resolution (ADR), is one of the go-to methods for resolving property disputes in India. That is because it leads to an outcome that can be a win-win for both parties.
The real estate sector is known for its confusing and lengthy technicalities. Thus, it becomes necessary to hire professionals like Lex Solutions who have the requisite knowledge in the field in spite of its ever-evolving nature. Let us now look at some of the reasons why mediation can be a better solution to litigation in court.
Unlike the court system, where someone has to win and the other party has to lose, mediation is all about both parties working together. Instead of having a guilty party and an innocent party, both can be on an equal footing at the end of the mutually agreed-upon resolution.
Whether the dispute in question is commercial or residential, the mediation process is completely confidential; unlike litigation in court where public coverage is but a given outcome. The last thing any business, community, private individual, or government wants is airing their potentially dirty laundry, and meditation can solve that problem discreetly.
Efficient in Cost and Time
We all are aware of how long settlements in court can take. Lawyers can rack up enormous amounts of fees due to repeated delays in hearings and a final decision by a court can take years, if at all. Even then, failure to comply with the conclusion of the court happens often and the end result is just filing another case. Instead of all that hassle, mediation can be beneficial to both parties as they can come to a resolution face-to-face.
It is very important that relationships are maintained or repaired, especially in case of family disputes related to property or homeowner disputes. Since all parties are allowed to speak and be heard before reaching a mutually beneficial agreement in a mediation settlement, it can put less stress on both parties and hopefully prevent an irreparable relationship.
Choosing the Right Mediator
Any neutral third party can do mediation. However, just about anyone is not trained in negotiation techniques which are needed to make two opposing parties see a common ground. Lexsolution provides some of the best lawyers for property disputes as mediators. They can help parties navigate through barriers like cognitive biases and give them a reality check. They are trained in viewing disputes holistically, from a distance, and can suggest alternatives upon the alternative path of action since they are intimately familiar with the land and property laws of India. A trained mediator can be a blessing as they can appreciate their viewpoints and suggest a course of action that can ultimately be agreeable to both parties.
The real estate sector has been heavily linked with disputes, as we have seen. Many disputes occur in the rural or highly congested parts of the country like slums where illegal possession of land, lack of clarity in land titles, corrupt builders, and poor land records only exacerbate the problem. These cases take up a huge amount of time in the judicial system and play a big part in giving the Indian Judiciary its reputation for sluggishness.
The government has recognised this problem too and according to a study from the Centre for Policy Research’s Land Rights Initiative (CPR-LRI), there are about 7.7 million people in India who get affected by land disputes. Land disputes in the Supreme Court account for around 25% of all cases. The government proposed the Consumer Amendment Bill, 2018, to counter this problem. Still pending in the Rajya Sabha, this bill provides for Mediation Cells to be attached to the District, State, and National Commissions. This will provide mediation as a first step of settlement for all disputes.
In case of any real estate dispute in India or overseas, you can contact India’s best legal Firm which is none other than LEX Solutions. It is best known for its highly skilled and experienced team of lawyers. So what are you waiting for? Visit their website and book an appointment now.