Water Rights

How Can A Water Rights Mediator Resolve a Water Rights Dispute?

Water is the basis of survival for the society at large and for individuals, and a top water rights mediator must understand this fundamental truth. Without water our chances of survival are completely diminished and this is one of the reasons why a water rights issue can quickly become emotional and quite complicated. When one of these disputes comes to light the battle can last for a very long time as it is dragged through the court system.

Mediation is a much better choice when it comes to dealing with disputes over water rights. A mediator can help both sides arrive at a solution that would satisfy everybody involved at a lower cost than traditional litigation and at a faster speed.
When rights are in conflict in regards to the control, use and ownership of water, things can get pretty heated quickly and become extremely complex. The role of the mediator is to take the complications out of the equation and get back to the original matter at hand. When all parties can look at things with an objective viewpoint, things can get resolved very quickly.

When land changes hands or the construction of a commercial development or residential project is being planned, the question of water rights may come up. The first action that takes place is often to pick up the phone and call an attorney. This can lead to an expensive legal battle that doesn’t do anyone any good except for the lawyers involved.

What Water Rights Problems Do We Mediate?

Some of the most common water problems that we mediate include:

Water quality
Grazing rights
Stream rights
Usage rights
Community rights
Problems with groundwater
Conflicts with surface water
Drainage issues
Many others

No matter what type of water-related conflict you may be experiencing in regards to water rights, mediation should always be put to the test first before considering a legal fight. Mediation has proven to be a low-cost alternative with a high success rate and can help all parties find a solution that works well for them. It looks at the best interests of all parties and leaves nothing to chance.

Our Unique Approach to Water Rights Mediation

We are mediators and negotiators who approach water rights dispute resolution using a unique synthesis of methods. With backgrounds in psychoanalysis, finance and the law, we draw on communications theory, game theory, psychoanalysis and the law to analyze disputes and facilitate dispute resolution.

When parties feel secure that their interests are understood they can own the outcome and move beyond conflict. In highly charged conflicts like water rights mediations, we tailor the mediation style to the conflict in the most sensitive manner. Preparation, thorough analysis and agreements to commit to the process underpin our mediation process, so you can be confident that your mediation will resolve to the satisfaction of all parties.

What is water rights mediation?

Water rights mediation can be used when two or more parties have disagreements about their conflicting use of water. Instead, of choosing protracted litigation the parties choose cooperative mediation to resolve their disagreement.

What are the dynamics of mediation?

The conflict partners commit to a win-win, cooperative process in which each party feels heard, and that their stakeholder interest is respected.

Are attorneys involved?

Sometimes, parties will also hire consulting attorneys, who step back during the mediation process. In many cases, no representing or litigating attorneys are involved, which creates a less adversarial mediation process.

Does the mediation team do any research?

Water rights mediation can involve complex legal and mathematical issues, so good mediation involves extensive research and preparation.

How do the meetings take place if stakeholders live in different cities, states, or countries?

Mediation meetings can occur through online, Internet services such as Zoom, Skype, Go to Meeting for convenience.

Does water rights mediation address legal issues?

Yes. Water rights mediation takes the law into account, as well as the parties’ needs and preferences. The law is addressed in an amicable way so the parties can decide instead of a judge.

Is water mediation legally binding?

The mediation itself is not legally binding until the parties have a signed, written contract.

What happens if mediation does not work in water disagreements?

The parties always have the option to hire legal counsel if they cannot work out their conflict in mediation.

Does mediation work?

If two or more parties are committed to working out a resolution; if they understand and appreciate the other party’s interests; and if they are willing to seek new creative options they might not have considered before, mediation is often the best type of conflict resolution design.

Is mediation expensive?

Mediation is often much less expensive than litigation because there are no lawyers and judge involved. There are no court hearings, no court calendar, which can lead to a much more streamlined, efficient process.

solutionsbcs@gmail.com

(415) 830-0065