Court Battles and Mediation/Arbitration

Court battles and mediation are both processes, which people use to resolve their difficulties with others, but each follows a different path. A court battle involves the parties presenting their positions in a dispute, usually with the assistance of a mediator/arbitrator, to a Court. Generally speaking, the Court consists of a single judge who, after hearing what each party presents by way of evidence, makes a decision. The decision is binding upon the parties, subject only to appeal to a higher Court. Court is a formal process and is generally very expense, stressful and where one party ends up a winner and the other a loser.  Mediation involves the parties discussing their opposing positions with each other, generally with the assistance of a mediator/arbitrator, in the presence of a mediator/arbitrator. The mediator/arbitrator is an independent person who the parties agree will assist in resolving their dispute. The mediator/arbitrator attempts to discover through the discussions between the parties what they are able to agree upon and what is in dispute. The mediator/arbitrator then attempts to assist the parties to reach some consensus about what is in dispute in hopes the matter can be resolved. Mediation is an informal process, which allows the parties to craft a resolution to the dispute themselves, reducing the expense and stress and normally does not result in a winner and a loser.

 When you have a dispute

 Disputes between individuals or between individuals and companies are a part of everyday life and involve all aspects of life. Most disputes are relatively minor in nature and are resolved between the parties without the assistance of a mediator/arbitrator. Some disputes will require the assistance of a mediator/arbitrator. The mediator/arbitrator’s job is to advise the party about their position in the dispute, which will hopefully allow the matter to be resolved between the parties. Talking to a mediator/arbitrator will allow the party to a dispute to obtain an outside opinion on the person’s position in the dispute. The mediator/arbitrator will listen and consider the important facts about the dispute and then consider those facts in relation to the law. The mediator/arbitrator will then express an opinion, based on the facts available, as to what the mediator/arbitrator perceives will be the outcome of the dispute if the matter were to proceed to Court. Sometimes, for any number of reasons, the parties are unable to resolve a dispute between themselves. In this situation the parties will look to the Court or to mediation to assist them in resolving their dispute. Sometimes the parties are able to handle this by themselves but in most instances the assistance of a mediator/arbitrator is essential. A mediator/arbitrator in this situation will play a more active role because of the mediator/arbitrator’s knowledge of the Court system and the law. The mediator/arbitrator will assist the party through the Court or mediation process in order that the party can resolve their difficulties. It is best that a party to a dispute understand their legal position early in the dispute process, in order to allow for the best result in the circumstances and to minimize the expense related to legal services. A party to a dispute should not hesitate to contact a mediator/arbitrator should they have any concerns about their position in the dispute and allow the mediator/arbitrator to express an independent opinion about the conflict.

Retaining a Lawyer can be a complex and important business or personal decision. It is imperative that such decisions be made with full knowledge and understanding of your lawyer's background and the cost of their services.

We, JUPITER LEGAL SERVISES (PVT.) LTD. would like to be the law firm of your choice. People are the major resource of our organization and we would like to acquaint you with our professional staff, our approach to meeting your needs and the standards of excellence adopted by our firm.

PLANNING TO BUY HOME……………

Buying a home is an exciting but stressful task. There are lots of things you need to know especially if you are a first time buyer. Real estate businessmen are trained professionals and will assist you with many aspects of your purchase. Once your Offer to Purchase is accepted by the Seller and any conditions are waived in writing, the offer is then provided to the law firm of your choice and your advocate will handle the legal aspects of transfer and, if applicable, your new mortgage. If you are obtaining a mortgage, the bank will require an appraisal and may require Market Value Certificate/a real property report and compliance certificate. A new appraisal is nearly always required as they only have validity for 6 months. The bank will assist you in choosing a firm of appraisers/Licensed Valuers. Sometimes the Seller will have an existing real property report/ Market Value Certificate or be willing to obtain one and if so, their agreement to provide the Real Property Report should be indicated in the terms of the Offer to Purchase. Your advocate will obtain the / Market Value Certificate real property report and compliance on your behalf, according to the terms of the Offer to Purchase.             

A Buyers' advocate's responsibilities include title search, Seller's lien searches, preparing the necessary legal documentation for your mortgage and obtaining any additional documentation your mortgage company may require, receiving transfer documentation from the Seller's solicitor and ensuring your rights are protected under their trust conditions, attending on you to sign documents, registering documents at Registration Office, requisitioning mortgage proceeds, providing funds to the Seller while ensuring any prior existing title encumbrances will be properly discharged, and reporting to your bank and yourself on finalization.

Your interests and rights are protected from beginning to end. Your real estate dealer will  ensure that you were satisfied with the condition of your new home prior to you taking possession, and prior to your advocate having released funds to the Seller or his advocate. Every real estate transaction is unique, but all require legal representation to protect your interests.

JUPITER LEGAL SERVISES (PVT.) LTD. has the people and expertise to steer you through the most straight-forward house purchase, to the large farm purchase or complex commercial transaction. We will be happy to provide quotes for legal fees and disbursements, upon your intimation and confidant that JUPITER LEGAL SERVISES (PVT.) LTD. can give you the best service and competitive rates.