Law 531: The Legal System And ADR Analysis
The Legal System and ADR Analysis
Thomas Fowler
LAW/531
November 4, 2013
James Charnell
The Legal System and ADR Analysis
A common case that involves business disputes of leases with landlords and tenants. A tenant’s lease expires tomorrow and the tenant expects the reimbursement of the security deposit. The tenant cleans and inspects the unit. The unit condition is very good. The tenant gives the keys to the landlord, but the landlord withholds seven hundred and fifty dollars from the thousand dollars security deposit. The landlord claims the tenant left the unit in bad condition and punch holes in the walls. So, the tenant took the landlord to small claims court to retrieve the total security deposit from the landlord. Small claims court is within the state court system. This court system is state limited jurisdiction trial court or inferior trial court. This court hears minor offenses and civil cases that deal with small amounts of money. The landlord can appeal the court’s decision and send the case to the appellate court. The tenant affirms the court that the unit was immaculate. The landlord testimony was …show more content…
Negotiation, mediation, and arbitration are methods to pursue in this case. Mediation is appropriate for this case because the mediator elevates the evidence to determine the best solution for both parties. The mediator promotes settlement for the case and indicates pointers to resolve the dispute. Cheeseman (2013) stated, “If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement. Execution of the settlement agreement ends the dispute. The parties,of course, must perform their duties under the settlement agreement. If an agreement is not reached, the parties may proceed to a judicial resolution of their case” (p. 54). “Litigation is a difficult, time-consuming, and costly process that must comply
Thomas Fowler
LAW/531
November 4, 2013
James Charnell
The Legal System and ADR Analysis
A common case that involves business disputes of leases with landlords and tenants. A tenant’s lease expires tomorrow and the tenant expects the reimbursement of the security deposit. The tenant cleans and inspects the unit. The unit condition is very good. The tenant gives the keys to the landlord, but the landlord withholds seven hundred and fifty dollars from the thousand dollars security deposit. The landlord claims the tenant left the unit in bad condition and punch holes in the walls. So, the tenant took the landlord to small claims court to retrieve the total security deposit from the landlord. Small claims court is within the state court system. This court system is state limited jurisdiction trial court or inferior trial court. This court hears minor offenses and civil cases that deal with small amounts of money. The landlord can appeal the court’s decision and send the case to the appellate court. The tenant affirms the court that the unit was immaculate. The landlord testimony was …show more content…
Negotiation, mediation, and arbitration are methods to pursue in this case. Mediation is appropriate for this case because the mediator elevates the evidence to determine the best solution for both parties. The mediator promotes settlement for the case and indicates pointers to resolve the dispute. Cheeseman (2013) stated, “If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement. Execution of the settlement agreement ends the dispute. The parties,of course, must perform their duties under the settlement agreement. If an agreement is not reached, the parties may proceed to a judicial resolution of their case” (p. 54). “Litigation is a difficult, time-consuming, and costly process that must comply