10 Tips for Settling Disputes without Going to Court
Have you ever gone to court? It is a no-win situation. The time and effort it takes away from your business can be devastating. Even when you win, the attorneys are the only ones who always come out ahead. Disputes often arise in real estate deals that can and should be handled amicably. Here are some options.
1. Go to the Source. If there is a dispute over property, meet at the site. Seeing the actual damage may resolve any issues.
2. See the big Picture. Weigh the cost of small repairs, or minor sticking points against the value of the total deal. Disagreements may be resolved by crediting one party for the value of the repair. Compare the cost of the issue against starting over again with a new party.
3. Appeal to people’s sense of fairness. Most people are reasonable. Offer compensation for something you want, in exchange for a concession you don’t care about.
4. Keep good records of who said what and when. From the start keep notes with dates. Document every interaction as if it were to end up in court.
5. Assume the best. A positive mind generates positive outcomes. Keep a positive outlook and it may turn the issue into a positive.
6. Talk it through. Make every effort to talk it out. Maintain communication no matter how frustrating it may become.
7. Keep it cool. Anger and bullying techniques will only escalate the argument. Cooler heads always prevail.
8. Take a break. If you reach a heated and intractable point, take a break. Cool off for a moment, come back, and start off again on something everyone agrees on.
9. Ask what the ideal solution would be. Asking the other party what their ideal outcome might be, may uncover the real issue. Often parties argue about the road leading to the same destination.
10. Honor your obligation to arbitrate. If your agreement has arbitration terms in it, and all else fails, honor the terms. Arbitration terms help both parties resolve conflict without going to appear before a judge in court. It is less costly, less time consuming, and easier to resolve.
Realtors are required by the NAR Code of Ethics to arbitrate disputes through their local state association. The Better Business Bureau and the Counselors of Real Estate can also help. If you need their contact information…just Askrey.
Source: Realtor Magazine