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…
unsubstantial and did not have enough evidence to prove the case. The landlord was ordered to pay the attorney fees and the full security deposit. The landlord appealed the verdict, but lost in the appellate court.
Alternative dispute resolution is a better substitute for traditional litigation.
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
with complex procedural rules. The use of the court system to resolve business and other disputes can take years and cost thousands, or even millions, of dollars in legal fees and expenses (Cheeseman, 2013)”. It is cost-effective to use alternative dispute resolution and minimal interrruption of business operations for both parties. The landlord needs to keep this case out of court because lack of evidence. Security deposits are the tenants unless the landlord prove differently. According to the Florida Bar (2013), “The landlord must return the full amount of the deposit within (15) days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won 't be returned within thirty (30) days after the tenant leaves the dwelling. The tenant then has the right to object in writing within fifteen (15) days of receipt of the notice. Under some circumstances, the tenant may receive the security deposit plus interest. Before moving out the tenant must provide the landlord with an address for receipt of the security deposit, or else the tenant may lose the right to object if the landlord claims the right to keep the deposit money” (para. 6). The answer is resolve the dispute before going to court and hiring a lawyer if he or she can prevent it.
References
Cheeseman, H. R. (2013). Business Law: Legal environment, online commerce, business ethics, and international issues (8th ed.). Upper Saddle River, NJ: Prentice Hall.
The Florida Bar. (2013). Rights and duties of tenants and landlords. Retrieved from http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588!OpenDocument
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…
unsubstantial and did not have enough evidence to prove the case. The landlord was ordered to pay the attorney fees and the full security deposit. The landlord appealed the verdict, but lost in the appellate court.
Alternative dispute resolution is a better substitute for traditional litigation.
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
with complex procedural rules. The use of the court system to resolve business and other disputes can take years and cost thousands, or even millions, of dollars in legal fees and expenses (Cheeseman, 2013)”. It is cost-effective to use alternative dispute resolution and minimal interrruption of business operations for both parties. The landlord needs to keep this case out of court because lack of evidence. Security deposits are the tenants unless the landlord prove differently. According to the Florida Bar (2013), “The landlord must return the full amount of the deposit within (15) days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won 't be returned within thirty (30) days after the tenant leaves the dwelling. The tenant then has the right to object in writing within fifteen (15) days of receipt of the notice. Under some circumstances, the tenant may receive the security deposit plus interest. Before moving out the tenant must provide the landlord with an address for receipt of the security deposit, or else the tenant may lose the right to object if the landlord claims the right to keep the deposit money” (para. 6). The answer is resolve the dispute before going to court and hiring a lawyer if he or she can prevent it.
References
Cheeseman, H. R. (2013). Business Law: Legal environment, online commerce, business ethics, and international issues (8th ed.). Upper Saddle River, NJ: Prentice Hall.
The Florida Bar. (2013). Rights and duties of tenants and landlords. Retrieved from http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588!OpenDocument