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Can a property dispute be resolved without going to court in India?

Can a property dispute be resolved without going to court in India?

Published At June 19, 2024

Answer

Yes, property disputes in India can be resolved without going to court through several alternative dispute resolution (ADR) methods such as negotiation, mediation and arbitration. These methods are often preferred for their speed, cost-effectiveness and ability to preserve relationships compared to traditional litigation.

Negotiation involves direct discussions between the parties to reach a mutually acceptable solution. This informal method allows the parties to control the process and the outcome, providing flexibility in resolving disputes.

Mediation is another effective method where a neutral third party, known as a mediator, facilitates discussions between the disputing parties to help them reach an agreement​. It is particularly useful for disputes involving family members or jointly owned property, where maintaining relationships is crucial​.

Arbitration is a more formal ADR method where an arbitrator, acting like a private judge, hears the evidence and makes a binding decision. This process is quicker than court proceedings​.

Additionally, methods like conciliation are available, providing structured frameworks to resolve disputes without litigation​. These ADR mechanisms not only save time and money but also offer confidentiality and allow the parties to have more control over the resolution process​​.

For anyone involved in a property dispute, it is advisable to seek legal guidance from a property dispute lawyer in India and consider these ADR methods before opting for litigation.

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