Tag Archives: eminent domain

Distinct Advantages Involved in Eminent Domain Mediation

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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.

Resolving Eminent Domain Disputes Using ADR Methods

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Eminent domain describes the ability of the state to take private property for public use. It is easy to understand why something like this could trigger a vicious legal battle that takes a great amount of time to resolve. Unfortunately, within that timeframe, individuals can exhaust their resources fighting the government and the project the government intended to create can go undone, which can be a detriment to society.

So what is the best way to resolve eminent domain issues? It is even possible to achieve a resolution that makes everyone happy – especially the individuals who are at the mercy of a government with vast resources and powerful attorneys?

Often, alternative dispute resolution (ADR) is the best way to resolve the issue.

Eminent domain requires the state provide fair compensation in exchange for whatever property it assumed ownership over. Of course, what the government deems fair and what the owner who is losing his or her property deem fair can be light years apart. This is where ADR can have a significant impact.

What are the benefits of using ADR methods like arbitration and mediation for resolving eminent domain disputes?

ADR is confidential. It doesn’t matter if mediation or arbitration is chosen, both offer a private method for resolving legal disputes. The private information of the individual will not be accessible in public records during the process and anything that is discussed during either process cannot later be used against either party.

ADR is flexible. Using mediation or arbitration to resolve an eminent domain dispute works so well because there is an ability to tailor the resolution to suit the specific needs of those involved. In mediation, it is the disputing parties that have complete control over the outcome, so if they are willing to agree on an unorthodox solution, they are free to pursue it provided it is legal.

Eminent domain disputes can grow into ugly battles, but ADR makes them easier to resolve.

Eminent Domain Dispute? Turn to Mediation!

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Mediation is advantageous in a variety of instances, but it can be especially effective for settling eminent domain disputes.  Eminent domain is an issue that pits private property owners against government organizations, something that can be extremely intimidating for the property owner.  By using mediation to settle the dispute, everyone can walk away happy with the outcome.

Mediation provides three major benefits when it comes to eminent domain disputes: it is confidential, it is low cost, and it allows the disputing parties to remain in control of the outcome.

When issues are settled through litigation, all of the information is public.  Often, this is enough to hamper settlement efforts in eminent domain cases.  Should an issue not be settled in mediation, the discussions cannot be used at a later date to help anyone build their case.  The mediator cannot even be asked to testify or disclose information.  This confidentiality allows everyone to speak freely and openly, making it easier to work toward a resolution.

Mediation also allows those involved to stay in control of the process and the resolution.  Nobody is forced to abide by a court-mandated procedure or resolution.  They can act in their own interest and consider flexible or unorthodox solutions if that’s what it takes to reach a successful outcome.  Disputing parties have control over every aspect of the mediation, beginning with the time and location of the mediation, and the actual mediator overseeing the process.

Finally, mediation is efficient.  The process saves everyone involved time and money, which can be especially important in eminent domain cases.  It avoids the expense and time-consuming nature of securing expert witnesses, culling through discovery, and paying an attorney and his or her staff to build a case.  Mediation also makes it easier to preserve the reputations of those involved.

The Cost of Eminent Domain Disputes and Why Mediation is a Cost-Saving Alternative

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The Cost of Eminent Domain Disputes and Why Mediation is a Cost-Saving Alternative

Image courtesy of Michal Marcol / freedigitalphotos.net

Parties involved in eminent domain disputes often learn the hard way why mediating might be preferable to litigating in these types of clashes.  When litigating a condemnation dispute, the cost of discovery requests, assessment of fair market value and other outside resources often end up costing more than anticipated, leaving everyone involved at a fiscal loss.  Added to that are the costs of time, as these types of disputes can take months—if not years—to get from start to finish in a congested court system when litigating.

Mediation, however, usually ends up being a much smoother process when attempting to resolve eminent domain disputes.  Eminent domain mediation allows all disputants to come together and discuss a settlement in the presence of a neutral, third-party mediator who has extensive experience in settling condemnation claims.  This mediator will not be biased toward one side or another, but will assist the parties in reaching a mutually beneficial settlement that is within their own control rather than the control of a judge and jury.

Through careful consideration, the intent of eminent domain mediation—and often, its result—is to resolve the dispute in a way that saves everyone involved time and money.  A settlement is legally binding and if a settlement isn’t reached, the claim can always be later tried in a court of law or taken through other alternative dispute resolution processes, like arbitration.

Eminent domain mediation is a cost-saving alternative that should be the first choice of anyone involved in an eminent domain dispute.  More often than not, these cases are sent to mandatory mediation first by the courts—that’s how enormously effective mediation can be in resolving eminent domain claims.  Courts across the country have recognized that sometimes “talking it out” can be a more effective approach than being told what to do by a judge or jury.