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LESS ADVERSARIAL METHODS OF RESOLVING DISPUTES
9:00 - 9:45, Stephen F. Noel.
- Entering Into a Consent Judgment
- Setting the Facts Straight With Affidavits
- Quiet Title and Declaratory Judgment Actions
- Mediation for a Livable Solution
CASE PREPARATION - DO YOUR HOMEWORK
9:45 - 10:30, Paul W. Mortensen.
- Statute of Limitations on Property Disputes
- First Things First: Is There Title and Liability Insurance?
- Insurance Companies' Position on Defending Cases Involving Trespass
- Naming All Necessary Parties
- Developing the Best Chronology Possible
- What is Involved in a Thorough Title Search?
- Valuable Clues in Land Records, Old Surveys, Lawyer Files and Photos
- Other Helpful Research Resources
- Viewing the Property: Key Considerations
GATHERING YOUR EXPERT ARSENAL
10:45 - 11:45, Paul W. Mortensen.
- The Importance of Involving Experts Early
- What to Look for in a Surveyor
- Selecting the Best Title Expert
- Should You Hire a Historian?
- Other Experts to Consider
- Tips for Minimizing Expert Fees
ARBITRATION VS. TRIAL
12:45 - 1:45, John A. Snow.
- When is Arbitration the Right Choice?
- The Binding Arbitration Clause: Requirements, Issues and Costs
- Time, Discovery and Consolidation Considerations
- Enforcement of Injunctive Relief
- Standard of Review of an Arbitrator's Decision
- Keys to Documenting the Settlement and Other Practical Tips for Successful Arbitration
ARGUING YOUR CASE
1:45 - 2:30, Paul W. Mortensen.
- Writing an Effective Demand Letter and Complaint
- Filing Considerations: Lis Pendens, Temporary Injunctions, Document Requests, Interrogatories, Requests for Admissions and Motions for Summary Judgment
- Bringing the Property to the Courtroom: The Most Powerful Evidence and Props at Trial
- Challenges to Admissibility
- Should You Spend More Time Arguing the Facts or Arguing the Law?
- Tips for Working With the Court and Removal Considerations
- Avoiding Costly Mistakes
CASE LAW UPDATE
2:30 - 3:15, Stephen F. Noel.
REAL-LIFE ETHICS IN PROPERTY DISPUTES
3:30 - 4:30, John A. Snow.
- Limited Representation
- Partial Settlement: Is it in the Client's Best Interests?
- Truthfulness in Negotiations
- Legal Maneuvering
- Attorney-Client Relationship
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