Legal Question in Real Estate Law in Missouri

Re: Owned land dispute

There are several options. The least expensive would be for the four people to peacefully come to an agreement among themselves. If this is not possible, they may consider trying mediation. Mediators are trained professionals who use a variety of processes, procedures, and techniques to help people resolve their differences and come to an agreement. The mediator does not decide anything for the people involved, and will not take anyone's side. In fact, those of us who do mediations are often referred to as "neutrals".We do want our clients to come to an agreement, but we are careful to avoid even the appearance of partiality as to the terms to be agreed upon. The cost of the mediator's services will depend upon the complexity of the issues, the amount of time and effort expended, and other factors. Often the people involved first agree to the choice of a mediator and the sharing of the costs of mediation. If mediation is not used, or is attempted but fails to produce an agreement, then the parties could agree to submit the matter to binding arbitration. In this case, everyone would have full opportunity to present their side of the dispute, with evidence supporting their position, and everyone would have full opportunity to meet the arguments and presentations of all other people involved. The arbitration hearing is an informal proceeding and the rules of evidence do not apply, so that there would be no need for anyone to be represented by attorneys although anyone could have an attorney assist them if desired. After everyone has "rested their case", the arbitrator renders a decision, much like a judge in court would do, and the parties are bound to abide by it. If anyone refuses to do so after signing a binding arbitration agreement, the other people can enforce the decision of the arbitration through court action. Again, the arbitrator's costs can be shared by all of the people, or paid by the people who do not prevail, . . . however the people (and the arbitrator) agree. Finally, there is always the option of filing a lawsuit and going to court to resolve disputes. If any of the property owners wants to sell the property, that person could file a suit in partition, nad the court might order that the property be sold. The costs involved, including attorney's fees, make this the most expensive option for everyone involved. Perhaps you would benefit from consulting with an attorney to begin with. Personally, I have mediated and arbitrated hundreds of disputes, and have also gone to court in matters such as this many times over the thirty years I have been practicing law. I would be happy to help you if I am able to do so. You may certainly call me for a consultation.