Three Ways to Resolve Landlord/Tenant Disputes in Chicago IL – by Brian James

With millions of people who live in Chicago,  many of whom are renters, landlord/tenant disputes in Chicago Illinois are very common.  There are many ways to resolve issues that arise between a landlord and tenant such as non-payment of rent, issues involving repairs and eviction actions.  Three of the most common methods of resolving landlord/tenant disputes in Chicago Illinois are mediation, arbitration and litigation.

Mediation

Mediation is a process in which a third party neutral attempts to get the parties to settle their case outside of court.  The mediator is an objective person who helps to facilitate communication.  He or she has no authority over the parties who retain their ability to agree to settle the case or pursue the case through other avenues.  If the parties do reach an agreement, a binding contract is drawn up between them.

Arbitration

As part of many rental contracts, landlords may include a clause regarding arbitration.  This type of clause is often included in contracts in order to provide a different forum for resolving a dispute.  Arbitration is a binding process that involves a professional mediator who is given the task of deciding the case similarly to a judge.  The tenant and landlord reserve greater control over the proceedings since they get to choose the arbitrator, limit the scope of discovery and determine which rules of evidence will apply.

Litigation

A final course of action is litigation.  Cases involving eviction are often resolved through litigation.  However, parties who rely on the court to resolve their problem largely hand over their power in the case.  The judge or jury ultimately decides which party wins  after both sides have presented their argument through evidence and witness testimony.

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