Ticktin Minute July 25, 2016 – Should You Ask for Mediation or Arbitration in Your Property Dispute?
Over the past few years, the terms “mediation” and “arbitration” have been used with increasing frequency and most alarmingly, interchangeably with regard to property disputes. Typically, disagreements that enter into mediation or arbitration are able to be resolved quicker and with less complications than other legal means, however, it cannot be understated how quickly simple disagreements between two parties can escalate into larger, more complex issues. Trying to decide which route may be the more appropriate for your type of dispute, brings us back to the differences between these two methods of conflict resolution. And although there are many differences, today we will only look at a few of them as they relate to real estate and property disagreements.
The first place to begin would be to define the two terms as they relate to one another. Arbitration is an adversarial process where both sides of an argument can submit evidence of their position to an agreed upon third party. The decision is then left up to the discretion of this arbiter who conducts his or her proceedings much like a court, as this process is normally guided by formal rules and procedures set forth by the legal system. In order to have access to this as an available option and to compel everyone involved to participate, stipulations regarding arbitration must have been previously agreed upon by all parties.
Mediation is very different from arbitration in some ways, but similar in many more. Like arbitration, mediation is a process by which a third party works to resolve a dispute. Unlike arbitration however, this process is completely non-adversarial in that neither side can argue their position, but instead defer to the judgement of a third party. This process is intended to yield an amicably acceptable resolution for all parties in the dispute.
Both of these options (as well as negotiation and litigation) offer the benefit of being able to resolve disagreements faster and at a reduced cost than attempting to “win” your case in the court system or engaging the other party in litigation. As with most issues regarding property disputes, it is of great benefit to have an attorney who can help you to identify any complex legal issues that bear consideration and to offer guidance regarding your options or how to best protect your rights.
TTLG Brings Home Victory for Landlord in Trial
On Monday, Attorney Michael Vater conducted a trial in the North Palm Beach County Courthouse in Palm Beach Gardens, Florida, on behalf of our client, a local landlord.
When our client’s tenants stopped paying rent, they tried to bring every excuse into Court as to why they should be relieved of their obligations under the lease. During the trial, Michael was able to artfully cross-examine the tenants and show the Judge the inconsistent positions taken.
As a result, the Court entered a Final Judgment in favor of our client, awarding her possession of the property as well as her damages, including past due rent. The firm was able to file this case and go to trial within 32 days, and justice was served swiftly for our client.
Remember, if you are a landlord having issues, contact The Ticktin Law Group, the lawyers you want between you and your problems!
Trial Victory In Landlord-Tenant Dispute
Palm Beach Attorney Jon Hodges recently obtained a victory for our clients in a landlord-tenant case.
Our clients’ landlord attempted to evict our clients based on alleged missed payments of rent, which was untrue.
Not only did the Court dismiss the landlord’s lawsuit, finding that the rent had been paid, but the Judge also ruled in our clients’ favor regarding money owed to them by the landlord.
Need an attorney? Just dial **LAW!
Nice Guys Don’t Always Finish Last
Recently, attorney Kendrick Almaguer was hired to represent a client who had attempted to represent himself. After agreeing to let his ex-girlfriend stay in his house until she could find a place to live after they broke up, she falsely accused him of domestic violence, and had him removed from his own house.
After bringing suit to have her removed from the property, he was bounced around between courthouses and judges who were not sure how to properly treat the case.
Kendrick was able to take the case and get it set for a final trial in an expedited basis, and was able to obtain a final judgment removing her from the property. It was the correct result for a client that had nothing but good intentions, and paid a price for them.
Need an attorney? Just dial **LAW!
Protecting a Tenant with HIV from Discrimination
Attorney, Satyen Gandhi represents a client being discriminated against by his landlord because he has HIV. In a recent court hearing, the landlord attempted to move to dismiss our case, but was unable to do so and we prevailed. The result: Mr. Gandhi now has the ability to proceed with his claims against the landlord.
In a similar case, attorney, Peter Ticktin defended a man in 1992 whose confidential medical records were exposed revealing that he contracted HIV. This led to endless harassment and angst for his client, eventually leading the client to quit his job. Peter said that the lawsuit was an attempt to institute computer safeguards to keep people’s medical records confidential from unauthorized individuals.
Whatever your situation, The Ticktin Law Group is Here to Help. Call us from anywhere at (877) 774-8077 or dial **LAW from your cell phone.