The client is the cuckoo clock storeowner. The store is located in a strip mall.

Question

The client is the cuckoo clock storeowner. The store is located in a strip mall. The mall has a sign out front that lists all the stores inside the strip mall for passing drivers to see. Your client claims the landlord of the store property has failed to provide the signage specified in the lease and therefore it is difficult for customers to find his store. The lease states that the landlord receives $2,000 in rent per month plus 5% of the monthly profits from the store. There is no mention in the contract of any adjustments if one of the parties breaches the lease. The landlord contends that they are not required to provide the signage because your client (the store owner) does not open the business in a prompt and timely manner (at noon 6 days a week), therefore limiting the amount of money the landlord can make from his share of the monthly profits.

For each of Mediation, Arbitration, and Litigation provide in your recommendation any details of a particular method (such as if you recommend Arbitration, would you recommend an informal procedure or a formal, litigation-like procedure). WHY would you make these recommendations? There are many different options within Mediation and Arbitration so be thorough in your analysis. Think of all the advantages / disadvantages for all three resolution options as you compare and decide which you would recommend and EXPLAIN WHY.

Explanation / Answer

Mediation and Arbitration are both Alternative dispute resolution method , whereas Litigation is a court process to resovle a conflict t

To make sure not all conflcits end up in a costly affairs of court , it is mostly advisable to resort to ADR methodss to resolve conflicts

These methods not just save time , but also cost and effort for both parties in conflict

Litigation : it is a method through which conflicts undergo complete legal process and are at the discretion of court verdicts to arrive at a judgement or resolution

Mediation : it is a alternative dispute resolution technique , in which one person act as a faciliatator between two parties in conflict and will ensure a faciliation of dialogue through a strucutured method , thereby arriving at a conclusion through tact and negotiation.

Arbitration : it is another alternative dispute resolution technique , in which a 3rd party intervenes , does a good reveiw of the conflcit and assist parties in arriving at a mutual agreement or an amibale solution

In mediation the role is of facilitator and mediator do not pass out any judgement ,neither they hold authority on solving or giving verdict , whereas in Arbitration if it is binding then the parties in conflcit are required to abide by the solutions proposed by the arbitrator.

Advanatages of ADR are

Advanatages of Legislation

Disdvanatges of ADR

Disdvantage of Legislation

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