David S. Tupler helps parties involved in real estate litigation disputes work through their legal issues in a productive and effective way. His approach to mediation is that of a creative problem-solver who is ready to help sort through even the most complex and hotly contested real estate issues. Rather than simply trying to force the parties into a settlement agreement at all costs, mediator David S. Tupler conducts each mediation session with the attention to detail and investment in an acceptable resolution that makes the real difference in resolving difficult disputes.
Common types of real estate disputes in Fort Lauderdale & Hollywood
Real estate litigation is a constant source of lawsuits in the Ft. Lauderdale area in light of the increased residential and commercial development in recent decades. The sheer number of houses and commercial buildings that are bought and sold in Broward County means that real estate disputes here are prevalent. Some examples include:
- landlord/tenant disputes for commercial properties;
- property line and boundary disputes;
- disagreements over easement locations and right-of-way access;
- disputes over the return of earnest money escrow deposits;
- claims involving property inspections;
- failure to disclose known property defects;
- misrepresentations in the sale of residential or commercial properties;
- breach of real estate contract disputes;
- actions to quiet title;
- title insurance claims regarding land records issues;
- commercial and residential mortgage foreclosure actions;
- disputes involving property damage for residential and commercial properties.
While the preceding list captures many of the most common types of property disputes that are litigated in Broward County, any issue involving property ownership can turn into a real estate litigation dispute.
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Benefits of resolving your real estate dispute through mediation
There are many aspects of the mediation process that remain within the control of the litigants. This is in stark contrast to the harsh reality of pursuing or defending against a claim in civil litigation. Additionally, traditional litigation forces the parties to jump through hoops in terms of preparing lengthy motions, which are expensive in terms of attorney's fees. The preparation process for a successful mediation in a real estate litigation case is focused much more closely on the ultimate goals of each party. You can avoid the hurdle of worrying about what information will lead to further discovery obligations or evidentiary problems. In mediation, the parties are free to present their candid version of their case at mediation without any fear that their words could be used against them if the parties do not resolve their dispute that day.
Another convenient aspect of mediation is that all parties involved can agree to extend the time spent at mediation to resolve their claims. If the parties are making solid progress towards a resolution during a scheduled mediation, it is possible to work toward a mutually agreeable date and time to continue the negotiations. The parties also have the option of continuing their settlement negotiations outside the presence of the mediator if they desire. There is no requirement that the parties have to reach an agreement for the mediation to end.
The ideal time to mediate your real estate dispute
In general, it is best to try to resolve real estate litigation matters at the outset so that the parties avoid wasting time and money slugging through these matters in court. One of the many advantages of dispute resolution through mediation is that the parties can agree upon and control the timing of when they mediate the dispute. For example, in some cases, the parties may insist on waiting until discovery is well underway before attempting to resolve claims through mediation. In other cases, the parties are more willing to attempt to mediate their real estate dispute upfront because the facts of the case are well-known to both sides involved.
The parties can decide to give mediation a try at any point in the litigation process. Even if mediation does not result in a successful resolution of all of the issues in on the first try, a clear advantage could emerge, convincing the other side to give mediation another attempt.
Real estate mediator David S. Tupler has 34 years of experience litigating real estate cases in South Florida. He is available to help resolve your real estate dispute through mediation at any phase in the process. Call today to schedule a free, no-obligation consultation, and learn how our law firm can help you.