Timeshare Attorney Las Vegas
AS SEEN IN
Navigating Timeshare Disputes? Mediation, Arbitration, or Litigation. What Should You Choose?
Timeshare Defense Attorneys can help you navigate timeshare disputes through mediation, arbitration, or litigation. Call us so that we can find a solution that’s right for you.
Which Dispute Resolution Mechanism Is the Most Suitable for Timeshare Matters?
With timeshare ownership, the possibility of a dispute arising is very high. You could be trying to exit your timeshare or contesting an arbitrary contract term. You could also be trying to get your money back from a timeshare exit company that failed to deliver. Whatever the case, you would likely need to pursue some form of dispute resolution.
Litigation is a more traditional route for dispute resolution. However, more convenient and faster means have evolved over the years. They are referred to as alternative dispute resolution (ADR) techniques. ADR includes mediation and arbitration, among others, and are favored techniques in recent times. In many cases, going for ADR is better than traditional litigation. However, there are other instances where litigation is better for resolving a timeshare dispute.
Experienced lawyers from Timeshare Defense Attorneys can help you decide which dispute resolution mechanism would be the most suitable after careful consideration of the facts of your case.
What Is an Arbitration?
In an arbitration, feuding parties table their dispute to arbitrators for resolution. Arbitrators are usually professionals, attorneys, or retired judges who have undergone special training. They may work with bodies such as the American Arbitration Association or may also have an independent practice.
Enlisted below are some key features of arbitration:
- Arbitration is a private and confidential procedure. Therefore, any disclosures made and awards granted during the process are confidential.
- The arbitration process has to be consensual, i.e., both parties must agree to be involved. Once agreed, no party can unilaterally back out of the process unless there is an opt-out clause in the arbitration agreement.
- The disputing parties have to mutually appoint an arbitrator(s). This allows the parties to choose individuals who are knowledgeable in the field of the dispute.
- After reviewing evidence and hearing both sides, the arbitrator(s) make a decision. The decision is usually binding and cannot be appealed in court. In some instances, the parties may also agree to have a non-binding arbitration process. This means that the arbitrator’s decision would not be legally enforceable in such cases.
What Do You Mean by Mediation?
In mediation, the opposite parties meet with a mutually chosen neutral third party. This mediator then facilitates discussion and negotiation to arrive at an acceptable settlement. Unlike arbitration and litigation, mediation proceedings do not result in legally binding decisions unless a mediation agreement has been signed. Moreover, the parties can terminate the process at any time.
What Is Litigation?
Litigation is a more traditional way of resolving disputes. It is the process of referring legal matters to court for court-awarded damages, compensations, or orders. Resolving disputes through litigation can prove to be inefficient sometimes. Moreover, it may be more costly and time-consuming owing to an overcrowded court system. Due to these reasons, many people favor ADR over litigation.
However, the litigation process has some advantages. For example, one can generally appeal court decisions to higher courts. This allows erroneous decisions to be more easily corrected, unlike with arbitration.
When to Choose Mediation, Arbitration, or Litigation?
There is no correct answer regarding the best dispute resolution method for timeshare matters. Although ADR techniques are now commonly used to resolve business disputes, the most suitable resolution method for you depends on many factors. Some such factors have been discussed below.
State Law/Contract Provisions
In some instances, the state law has provisions that guide timeshare dispute resolution. For example, §718.1255 of the Florida Statutes mandates arbitration or pre-suit mediation for certain condominium disputes. Under this law, one cannot sue the opposite party until they have exhausted the required ADR mechanisms.
It is possible that your state also has such legal provisions. It is also possible that your timeshare contract already has an arbitration clause. In such cases, you may have to handle your dispute through arbitration proceedings. Before taking any step, consider hiring a legal counsel. They can review your contract’s provisions and advise you per the law.
Personal Circumstances
Litigation is typically the most expensive and time-consuming process. You may want to pursue arbitration or mediation if you are tight on cash and know you will lose money while the dispute drags on. Such methods may offer a much faster and more cost-effective way to resolve your conflict.Â
However, it is critical to note that an alternative dispute resolution mechanism may not always be the cheaper option due to the high arbitrator fees and other administrative costs associated with it. It may be a good idea to consult a lawyer to decide which method suits your case the best.
The Other Party
You may consider the conduct of the timeshare company or the other party you are in dispute with. Have they been cooperative so far? Arbitration and mediation are forms of dispute resolution that require two willing parties.
In other words, both parties must agree to be involved in the process. Both parties need to want to resolve the dispute. Getting a court order via litigation may be the right solution where you have tried to have settlement negotiations with an uncooperative party to no avail.
Type of Timeshare Dispute
Some disputes may be better resolved by litigation. If you have been dealt with fraudulently, you might be looking to get a legally enforceable order. A binding arbitration or litigation would be your best bet in that case. Moreover, you may have more chances of getting exemplary damages with litigation. This, of course, depends on other factors, such as the judge, your attorney, and the facts of your case.
Other disputes may be better suited for ADR. Disagreements on fees payable, for example, or contract terms can be negotiated. Examine your dispute with a lawyer from Timeshare Defense Attorneys to determine which means of resolution would be the most effective and efficient for your case.
How Can an Attorney Help You?
Whether in ADR or litigation, having skilled legal counsel is invaluable. Lawyers are trained to present logical arguments and apply the law appropriately. As such, an attorney may increase your chances of emerging as the prevailing party.
Timeshare Defense Attorneys have a lot of experience with timeshare disputes. We are familiar with the other party’s arguments and know how to counter them. We can also help you avoid a dragged-out case and save time and resources.
Contact Timeshare Defense Attorneys Today!
At Timeshare Defense Attorneys, we defend the rights of timeshare owners. We can assist you in understanding the implications of your contract. We can also help you cancel it altogether and exit your timeshare.
No matter the form of dispute resolution you pursue, we can be in your corner, advising, supporting, and representing you. Schedule a free consultation today and find out how we can help!
