[WSBARP] UD and Mandatory Meditation/Arbitration

[hhherman2]

Without seeing the lease, it sounds like it is mixing apples and oranges. By
law, a DRC can only mediate a dispute with the purpose of getting the
parties to agree. A written agreement between the parties is admissible as
evidence in subsequent civil litigation. Without the written agreement the
mediation fails. In your case it doesn't seem like there is anything the LL
and T can agree on.

Arbitration on the other hand can end in an "award" that is enforceable in a
court of law. It sounds like the LL may have drawn his own lease and been
mistaken as to what remedy to pursue. He may have been looking for a way to
circumvent an unlawful detainer action and its cost. Generally, the LL wants
possession as soon as he can, and the only sure way to get it in a summary
manner is the ULD.

 

Howard Herman

Herman Herman & Jolley PS

909.220.5810

 

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, November 6, 2015 3:10 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] UD and Mandatory Meditation/Arbitration

 

Saw a new LL client whose lease, lo and behold, calls for mediation and then
arbitration for when "a dispute arises out of or relates to this contract,
or the breach thereof"  using the local Dispute Resolution Center.  And
then, "judgement upon the Award rendered by the arbitrator may be entered on
any court having jurisdiction thereof."

The meth head tenants are LL/T law savvy ("you can't kick us out until the
sheriff comes") and couldn't care less  if there is a judgment lien against
them.  Anyone have this before?  I doubt the local DRC has the power to
issue an Order for Writ of Restitution.  Any argument that this provision
does not leave the LL with an adequate remedy?  Thanks (and happy Friday).
Paul Neumiller 

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