North Cyprus Law | Negotiation v Litigation


North Cyprus Law | Negotiation v Litigation

As has been pointed out to me in the past, here in the TRNC most cases are settled whilst in the court system without a hearing of the main case and the Judge approves that settlement.

How much better then if you can negotiate instead of litigate. I know there will be times when the litigation route will be the only option, if only to concentrate the minds of one or both sides in that settlement. Clearly, records show that the incidence of the Judge having to listen to a full hearing of the ‘main case’ is far fewer than the settlements being arrived at during the appearances in court.

I remember when the third Judge was assigned to my Breach of Contract case. At the first appearance before this Judge, but by no means my first appearance during this case, the Judge called me to the front and spoke to me in Turkish which was translated by an Advocate waiting for his case to be heard. The translation was along the lines, “I am minded to rule in your favour but I would like you and the builder to try to come to an agreement”. I readily agreed and after a few more appearances, the builder did back down and agreed to the £120,000 award and the court rubber stamped it. I had my Memorandum, later the same Judge granted me an Enforcement Order. Of course, we now know that the rules say that the Enforcement Order should have been actioned within six months of its receipt by the Tapu. Had that happened the problem that now exists would have been dealt with over two years ago.

The trauma, the stress and the cost of litigation is enormous. So how much better if negotiation can take place, yes involving your legal representative if you need that, but avoiding court action altogether.

Clearly if you have a case where there are so many memorandums on the site you have bought on, and you are unfortunate enough not to have one, will obtaining one help? If the value of the site is already less that the combine total value of the memorandums now issued, you can understand the reluctance of anyone wanting to follow that route. Getting all parties together, both those holding memorandums and those not, seems a very sensible idea. Negotiating a way forward, if there is one. But how will you know if you do not try?

There are so many property problems, and it has to be said, some caused by poor legal advice, lack of a search and in some instances just plain negligence. As is always the case, the victim is the one who foots the bill. Whether that is by losing everything, having to pay more than the Contract price to arrive at a solution, or litigation.

The system is there to help. Part of that system is negotiation as the first paragraph proves.

Whichever route you take, do try negotiation first.

Never give in never give up.

Pauline Ann Read



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