Individual Reflection: The concept of natural justice is sustaining procedural fairness and protecting the rights of individuals. Everyone has the right to be heard and to have a fair and speedy trial. The Landlord and Tenant Board allows the parties to present their issues in front of an un-biased arbitrator, which ensures they are getting fair results. The board officers are knowledgeable in the field and are impartial to the parties, giving both sides a chance to present their case. The Landlord and Tenant Board is beneficial because it is cheaper and faster compared to the traditional court system. The Landlord and Tenant Board is beneficial because it is cheaper and faster compared to the traditional court system. The tribunals application cost varies for the landlord, and tenants, depending …show more content…
It is a service provided to the landlord and/or tenant. The disadvantages about this feature is that not many people are aware that it is offered. Legal help will be given prior to the parties entering the hearing room, but in most cases the board officer had asked if the unrepresented party had spoken to a duty counselor for assistance. I think the duty counsel should be advertised more throughout the building, if that is done the unrepresented parties will be able to use this feature to its full potential. Furthermore, they offer the service of a mediator which allows the parties to come to an agreement on their matter. This saves both time and money if the parties come to an agreement they relay this onto the board officer and the matter is no longer heard. Although mediation is offered many people do not want to go through with it. Most people believe they will have a better result with the board officer’s decision. In many cases what the board officer decides could have been solved through
The Landlord Tenant board (“LTB”) is tasked with addressing conflicts arising out of the rental of residences. The conflicts between landlords and tenants can be determined by adjudication before the tribunal through an oral hearing or mediation that is overseen by a board mediator. When you make an application to the LTB, they will schedule a hearing date. On this date you can arrive and will be given the option to engage in mediation on site. Mediation can only occur if both parties agree to participate. If both sides agree you will engage in mediation first, and then a hearing only if mediation is unsuccessful. Parties may have legal counsel as a representative during the mediation. As counsel it may be beneficial to contact the other side prior to the hearing date to determine if they wish to partake in mediation. Counsel should however be prepared to engage in a full hearing before the board should the other side change their mind about mediation, or in the event mediation is unsuccessful. If an applicant has filed their application with the board prior to obtaining legal counsel or new issues have arisen since the time of application, it is important to note that a hearing can only address what was submitted in the application. Whereas mediation is able to tackle any issues regarding the tenancy, even those not originally contained in the application to the LTB. If the mediation is successful parties can themselves
The broad powers of rent-control boards and agencies mean that many more issues and disputes about landlord-tenant issues are resolved in informal hearings instead of in courts during eviction proceedings. Some cities provide mediation services as well, to help landlords and tenants work out their differences.
One of the most misinterpreted aspects of the Charter of Rights and Freedoms is the freedom of expression. Group organizations have misused this much too often. In the past, many extremist groups have misused this right to protect themselves. A great example is the Westboro Baptist Church. This church is one of the many groups across North America that uses the Charter to protect themselves. The Charter protects them even though their actions and messages are harmful and not beneficial to society. If the Charter was to recognize these groups as dangerous, they wouldn’t have the chance to misuse these freedoms. Also, the fact that if a Canadian citizen were to use the excuse of the freedom of expression to defend their actions, they wouldn’t
The Georgia State Senate passed an amended version of a religious freedom bill on Friday.
Through the Declaration of Independence, the American government is known to be run by the consent of the governed. However, there are many in the systems who try to work around that. One method that is infamous to the politically educated is gerrymandering, or “drawing district boundary lines for political advantage,” as the textbook puts it (Dye, pg 354). While redistricting in it of itself is a normal process, somewhat corrupt House members use it to secure their political positions. Not only are these members cheating their way to political authority, but also doing so without most of the public even knowing what gerrymandering is. When asked, “What do you think about gerrymandering?” most individuals in the CNN video say
There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of
“A mediator is a third party who assists interested parties in negotiating a conflict. A mediator controls the mediation process but does not have authority to decide the outcome for the parties” (Barsky, 2007). A mediator, in a given situation, helps to dissolve the conflict and looks to the best interest
Being mediator in this case of LANDLORD versus RENTER is a tricky one, due to the fact that both parties are guilty of not upholding to their duties. We will first talk about what the landlord’s responsibilities are as well as the tenant duties. Next we will move on to where each party went wrong and what should’ve been done. We will then conclude with what each party is responsible for. Since I am familiar with leases in Texas, being a current tenant of a rent house, I am going to assume the property is in Texas and apply the states laws to this case.
Arbitration is a method to submit a resolution in an arbitral, rather than a judicial forum. For non-labor issues, arbitration can be a less expensive solution. One example is The Home Owners ' Warranty program. A program which aimed to resolve disputes between homeowners and builders. The program was designed between the Home Owners ' Warranty programs of the National Association of Home Builders. This program started in 1973 as a method of formally resolving disputes through arbitration. The program provided a warranty program, using mediation, and arbitration to resolve differences. Before the warranty program was created, the National Association of Home Builders came to the Federal Mediation and Conciliation Service for advice and assistance on dealing with homeowner disputes. Over the years, the program has expanded across the country through the Magnuson-Moss Bill, assisting the Federal Trade Commission on issuing rules on warranty’s and guaranties. The arbitration occurs while looking at the evidence of a dispute objectively for the best solutions (Barrett, 1985, p. 32).
A common debate for rent control assumes most, landlords receive outrageous profits and government needs to halt such greed.
I agree with you in believing the current system is unfair to a middle-class people. In spite of contributing to the US healthcare by Medicare tax, income tax etc., they still end up paying extra through health insurance premiums, co-pay, deductibles, etc. I like your idea of minimum universal health coverage and adding a private insurance coverage as an individual requirement.
Mediating a case keeps the clients in control of the outcome, going before a judge leaves the final decision out of a person's control. People can also spend more money going into litigation, and the wait for the trial can put more stress on an already stressful situation. Mediation Attorneys are skilled in negotiation and take an unbiased
The objectives of the Administrative Appeals Tribunal are to be a) ‘accessible’, b) ‘fair…quick’, c) ‘proportionate’ and d) ‘promote trust’. I have separated this report into two sections. Firstly, I will analyse d) from the general public’s perspective. I will next consider a), b), and c), which I have boiled down into the principle of giving the layperson a ‘fair shake’. Finally, I will provide my concluding thoughts on the AAT’s operations.
The separate meetings allow the disputants to build trust with the mediator. There is an underlying psychology in pre-mediation caucuses that facilitates the settlement of disputes. The individuals are given space to express their frustrations without the fear of being judged. The mediator in pre-mediation has to devote that space to listen to the disputants and understand the dispute without jumping to settlements. Furthermore, these meetings make people feel respected as well as supported by a professional who has dealt with many similar cases. Moreover, the pre-mediation helps avoid face attacks that are common when two people with negative emotions towards each other come face to face. In the playlist, Hamilton says, “In the Room Where It Happens.” (Hamilton Broadway, 2015) The quote explains the importance of parties holding mediation with a mediator. The mediator gets a chance to cool down all the emotions before the disputants get together in one joint meeting.
This type of mediation can be used in place of a hearing before a judge. The mediator will work with the couple to see that both sides are faily happy with the decisions being made from who gets custody of the children to finances and visitation. In some cases, the couple might need the advice of a professional in cases where they decide to reconcile too.