Distinct Advantages Involved in Eminent Domain Mediation

Distinct Advantages Involved in Eminent Domain Mediation

HouseEminent domain occurs when the government or a business takes real property for the public good. Due to the seriousness of this process, many property owners may disagree with the approach or compensation provided by the party that is taking the property. Using mediation provides a number of distinct advantages over other options, including the following:

Subject Matter Expertise

Parties involved in mediation are able to select the person who will facilitate communication during the mediation process. This allows them to select someone who has experience in eminent domain and other real estate cases. In litigation, the parties may be assigned a random judge who may have never worked on a case involving eminent domain in the past.

Control Over the Outcome

In mediation, parties collaborate toward mutual goals. They also only reach an agreement in a voluntary fashion. In these ways, parties demonstrate significant control over the process. The parties are not constricted to the court-mandated procedure or possible outcomes. Instead, the parties can focus on the merits of the case and their own interests in the process. This often allows them to reach outcomes that are creative and customized to their needs.

Fairness

Many property owners feel that the eminent domain process is not fair to them. They may feel that they do not have options and must agree to the price evaluation. However, in mediation, the parties can level the playing field. They can agree to a form of evaluation that they believe will yield a fair result.

Affordability

Many parties agree to the mediation process because it is an affordable alternative to litigation. In litigation, the parties may spend significant amounts of money on hiring lawyers to represent their interests and to follow court-mandated procedures regarding the condemnation process. Other expenses that may cause litigation to be more expensive include expert witness fees, lost productivity for the purchasing party and negative publicity. Mediation avoids these pitfalls and offers an affordable option.

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MEDIATOR OF THE MONTH: Jeffrey Grayson
Distinct Advantages Involved in Eminent Domain Mediation