Surveying Settlement – Mapping Mediation Strategies for Real Estate Disputes

Surveying Settlement — Mapping Mediation Strategies for Real Estate Disputes (January, 2018)

(An edited version of this article originally appeared in The Lawyer’s Daily.)

This is the second of a three-part series in which I share practical mediation advice, in different areas, based on my work as a mediator and mediation lawyer (or, Settlement Counsel). Previously, I discussed  wrongful dismissal cases. In this segment, I survey strategies for maximizing settlement opportunities through mediating neighbour disputes, claims arising out of purchase and sale agreements, and mortgage enforcement.

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Bad Fences & Bad Neighbours

This article was originally posted in 2013 and updated in 2016.
“…you shall love your neighbour as yourself.
-Leviticus 19:18
Good fences make good neighbours
-17’th century proverb
Algernon: “Got nice neighbours in your part of Shropshire?
Jack: “Perfectly horrid! Never speak to one of them.
-Oscar Wilde. “The Importance of Being Earnest”, Act I.

The above quotations suggest two things: The first is that good neighbourly relations have taken a turn for the worse over the last few millennia. The second, which is probably closer to the truth, is this:  Getting along with our neighbours does not come naturally. Therefore, we may need to physically separate ourselves from our neighbours in order to get along with them and, even then, we may still fail. Read more →