Expert: Timmy Chou - 2/14/2009

Question
Dear Sir,
I do not know if I am in the right category, but I hope that you can answer my question, especially as you are Arab and I think also Muslim.

I am a widow and I have a daughter. We are Muslims.
My father in law/grandfather bought in the 1950s a big piece of land. It was never sold.  Then my husband died.
Besides me and my daughter, there are 4 other legal heirs, the 4 siblings of my husband.  None others.
All the heirs now want to sell the land and get their shares, except ONE, who does not want to sell, he wants to wait until the price goes up, inshallah.  But all the other heirs do not want to wait, they want to sell NOW !

Especially me and my daughter, after my husband passed away we are in urgent need of our inheritance from  my husband/father.

Does this ONE person have the right, legally and morally, to hold back the sale of the land?  It is 5 : 1   Does not the majority decide and rule?  Can a court force this ONE person to accept the sale of the land?

Awaiting your kind answer and thank you.


Answer
Thank you for your question!

As I always mention to questioners, mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.  I am not a lawyer, nor can I mediate your dispute with just you alone but I can respond to your question from my business consulting experience.  

Note that this issue may develop legal implications and you may wish to consult an attorney.

Unless there is a contract or signed agreement between the parties stipulating what the rules are concerning the disposition of the land you are left with a dispute.  One of the key questions concerns who the people are on the land TITLE.  These people are really in control of the land at the end of the day and if they are unwilling to release their claims there is a problem.  Any party on the title who objects can cause problems, but even if they are not on the title they can threaten a lawsuit and cause problems.  This is really a matter that should be worked out among you.  

Personally, I would argue that there is no chance the price will go up in the next 5 to 10 years given the catastrophic state of the economy.

Mediation may be able to address these questions successfully if the parties are willing to negotiate.  

This is a better solution than litigation IMO.

You can call a mediator and discuss the matter if you like usually for no charge.

Remember to document all contracts and every instance of E-mails, meetings and discussions.  Be sure to document all the parties who were there and be as detailed as possible.

These are some ideas.  Feel free to follow up with additional questions.

In all my answers, and for your information, the pros and cons of the types of dispute resolution are provided below.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

  Confidential, no public record
  Limited exchange of documentation, information
  Quick, don't have to wait for a court date
  Arbitrators have expertise in the subject matter and are trained in conflict resolution
  Cheaper than litigation
  Preserves business relationships

Negatives of Arbitration

  It's a compromise, no %100 winner
  Complex arbitration can be costly
  If not satisfied, may litigate the arbitration procedure
  Poor results with an unskilled arbitrator
  Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

  Neutral mediator can objectively suggest alternatives not considered before
  Parties are directly engaged in negotiating the settlement
  Can be quicker than litigation
  Less costly than litigation
  Preserves business relationships
  85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

  may not reach a binding decision
  unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

  a clear winner and loser
  uses a prescribed set of procedures
  more predictable outcomes
  is final

Negatives of Litigation:

  waiting for court dates can do more harm
  usually more expensive than mediation and arbitration
  part of the public record