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?