Money Talks Podcast: Protecting yourself from property disputes

So some people need a reality check. So the first step is always to get advice and (an) assessment, and then your legal adviser can just tell you: “This is the score. This is where you stand.” … So the first thing (would be) assessment, given the kind of options, one of the options could be to strengthen their case, gather more evidence. 

But finally, you reach a stage where again it’s not go to court. It’s to write a letter to the other side and … make a proposal. Say: “Look, this is the situation. This is my stand. I think this is a fair proposal. I pay you this, or you pay me this, and we do this.”

Andrea: 
So it’s essentially mediation, up to a degree. So at what point then, does it end up in court?

Fung Peen: 
It’s not quite mediation. What we call it is negotiation. So you write a proposal letter and wait for the other side to respond. Most lawyers will actually go through this process of negotiation by letter. At least one round, two rounds. When that doesn’t work and then we have to see.

You mentioned mediation. In Family Justice Court and in the State Courts, there are court mediations which are free, which is very good. That means the court doesn’t charge for it, but that’s because I think our courts really believe in mediation. And since I’ve been in practice for 28 years, there’s always been this, and it’s been going from strength to strength.