Non-Combative Dispute Resolution Speech Outline
Anecdote #1 – Twin Sisters
Anecdote #2 – Concrete Pad
Mending Wall by Robert Frost – Mutual Recognition and Acquiescence
Elements of Adverse Possession
- Open & Notorious
- Hostile & Exclusive
- Continuous for Statutory Period (of 10 years per RCW 4.16.020)
Problems with Court:
- Costs Prohibitively Expensive – An Access to Justice Question
- “Open & Notorious” should mean easy to determine the contest upfront.
- Courts generally believe these matters are rather insignificant.
Importance of Asking the Quintessential Question – “Why”
Three Models of Non-Litigious Dispute Resolution
- Facilitative Mediation
- Evaluative Mediation
- Transformative Mediation
“When can boundary dispute problems be best resolved?”
“Why are they not resolved at that time?”
- Realtor’s Interests
- Title Insurers Interests
- Mortgage Lenders Interests
Where will value added increasingly occur going forward?