Should Leases Require Mediation? Here’s Someone Who Thinks So – a Suggestion From a Guest.

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A number of weeks ago, we posted a piece dealing with a landlord’s possible implied obligation to maintain its property even where the lease imposed no such obligation. One of the “private” responses I got was from Brendan Murphy, a Principal at New Directions: Delivered Solutions, a retail service provider in Ireland.

While I don’t agree with his proposed solution mostly, I think, on pragmatic and acceptability grounds, I was struck by his analysis of the source of tension between owners and occupants – landlords and tenants. In fact, his thoughts spill over into lease and other contract-negotiating parties. So, I’m not posting this as a vote for making mediation into the sole dispute resolution mechanism in a contract or lease, but for his insight. [Read more…]

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