Landlord / Tenant Alternative Dispute Resolution

If as the owner of rental property, you have been unable to settle legal disputes with a tenant, there are several types of alternative dispute resolutions available, as under:

1. Arbitration. A well-known and traditional form of alternative dispute resolution, arbitration involves both parties submitting their dispute to a third, but neutral party, who after careful deliberation of the facts delivers a legally enforceable decision.
2. Facilitation. This process involves a neutral third party using his / her skills to promote communication between the two parties in dispute. The main focus of this type of resolution is the easy facilitation of communication.
3. Fact Finding. This process involves using an impartial third party to analyse the issue(s), present fact findings and make recommendations on how best to resolve the dispute. Involved parties can also use the fact findings in their own settlement continuing negotiations.
4. Mediation. Very popular, mediation is an informal process geared to dispute settlement between parties, by an intermediary, or neutral party, whose participation is typically voluntary. No decision is rendered by the mediator at the end of mediation; instead, mediation leaves the control of the outcome (i.e. the actual settlement of the dispute) to the parties. A mediator does not render a formal decision by apportioning blame on either of the involved parties, although he / she may provide an opinion relating to the strengths and weaknesses of the case.
5. Neutral Case Evaluation. This is a non-binding process with an experienced neutral case evaluator brought in to evaluate the facts and offer his / her assessment of the likely outcome of the case.
6. Small Claims Court: With limited jurisdiction, small claims courts exist for the purpose of resolving simple disputes quickly and economically. No lawyers are required to represent the two disputing parties, and the procedures in small claims court are much more informal than in other types of litigation. Usually, the judgement is made immediately after the hearing and both plaintiff and defendant appeal rights are limited. If you are trying to get back rent from a tenant refusing to pay up, a small claims courts can help resolve small dollar amount disputes, ranging from $1,500 (Kentucky), $2,000 (Massachusetts), $10,000 (Alaska and New Mexico) and $15,000 (Delaware, Georgia, and Tennessee).

Before getting involved in expensive litigation, it is advisable to try the above alternative landlord / tenant types of dispute resolution. A landlord can also prevent litigative issues arising from tenant / landlord situations by carefully selecting and screening prospective tenants. For help in suitable tenant selection, visit www.e-renter.com for tenant screening and background checks, the best and only way to prevent expensive litigation, penalty charges or property damage.