How To Make Sure The Agreement Your Mediator Reaches In Your Neighbour Dispute Is Honored
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How To Make Sure The Agreement Your Mediator Reaches In Your Neighbour Dispute Is Honored
Howard Gould (Neighbor Law Expert, Finestone & Richter) gives expert video advice on: How do I make sure the agreement our mediator reached is honored?
How do I make sure the agreement our mediator reached is honored?
You want to make certain that the agreement is documented properly. Hopefully the mediator will take that upon himself to put down the agreement in some form on some kind of document that he uses regularly in his mediation practice. You want to make certain that it's put down in writing, that the parties themselves both sign this writing. The more detail, the more clear the document is, the better the result will ultimately be for you and the easier it will be later if any question arises. Obviously, you need to make certain you get a copy of whatever document is signed. If there's actually a court proceeding, you may need to file that document in the court proceeding. You'll certainly need to let the court know that the matter has been solved and that the court proceeding doesn't need to go further. You may well need to go back to the court and give them a copy of the document or at least put on the record verbally what agreement has been reached. I'd put this document in some safe place, I'd probably make an extra copy to put in a different place so you make certain you don't lose the piece of paper. There are some circumstances where you need to do more. If you're actually adjusting a property line that requires a recorded document, you're going to have to get a surveyor involved, maybe lawyers, the title company, your mortgage lender to make certain that you follow all the proper procedures if you're really doing something that requires a recorded document or that adjusts ownership of property. If it's an easement that's being granted, that, again, is going to require proper documentation that will need to be recorded. It's best to have the title company involved in those things, you're certainly again going to need the legal description from a surveyor, and should have a lawyer drafting the easements for you.
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