If you’re an Illinois landlord, tenant or Homeowners Association (HOA) board member, you may encounter legal challenges that are difficult to resolve as you carry out the duties and obligations of your position. It’s not uncommon for disagreements to occur. For example, a tenant and landlord might disagree about rent or items in need of repair. An HOA rep might become entangled in a contract dispute or other issues regarding rules and regulations in a community. It’s possible to resolve real estate disputes without going to court.
Mediation is a form of alternate dispute resolution. It’s initiated in a private setting as opposed to litigation, which occurs in a public courtroom. For mediation to be successful, both sides must agree to peacefully discuss all issues at hand and to avoid confrontation at all cost. There are several skills that can help you mediate a real estate dispute.
Mediation requires good listening skills
When you’re involved in a real estate dispute, it’s understandable that you want someone to hear and meet your needs. However, mediation is a two-way discussion. For it to be successful, you must be willing to listen to the other party. Good listening skills mean that you will not interrupt when the other party is speaking. You can also repeat what someone has said to you to show that you heard and understood it.
A willingness to adapt, cooperate and compromise is necessary
If you approach mediation as someone coming to fight and win, your sessions might not be successful. The idea behind mediation is that everyone will walk away satisfied with the outcome. A neutral third party (mediator) can help you facilitate discussions, but you must be willing to cooperate and compromise to achieve a fair and agreeable solution.
Use creative thinking skills to develop solutions to your problems
Two plus two equals four, but so does three plus one. This idea is applicable regarding mediation. It is possible for there to be numerous solutions to your problem. To resolve a dispute in a peaceful and amicable manner, you must be willing to expand your thinking and come up with creative ways to achieve an agreement.
Your solutions don’t always have to be conventional for them to be successful. What matters most is that both sides receive fair treatment and you resolve your differences without having to go to court. Having said that, if mediation sessions do not work out, you can always convert your real estate dispute case to litigation, as needed.