Page 38 - JulAug2019_BarJournal

FEATURE ADR

HOW A COURT CAN ENHANCE

DISPUTE RESOLUTIONS

BY C. DAVID WITT

“The Law Is an Ass.” So why do so many cases settle? Multiple status hearings
That was the outrageously amusing comment Settlement can be a useful alternative. Going to Multiple status hearings, as opposed to a single
of Mr. Bumble, a Charles Dicken’s character in trial regarding possession and money may not trial, may be characterized as a burdensome
his novel Oliver Twist. But if Mr. Bumble had be the most practical resolution. Compliance time resource for a court, but that is simply
stumbled into Cleveland’s Housing Court as with statutory notice requirements and the not the case. The Housing Court’s experience
a landlord or tenant, he might have reached a principles of equity and law can impact the is that the vast majority of status hearings are
more positive conclusion: “This Court isn’t just a outcome of a case. The tenant’s consequences brief, the parties not having to return to the
decider! It has a range of ASSETS to help advance emerging from a Court-dictated decision can Court so long as compliance with the terms
dispute resolution!” also be problematic. An eviction judgment of the settlement has been achieved. A status
At Cleveland’s Housing Court, thanks to the can impose an abrupt departure for the hearing is distinguishable from a trial. The
efforts of former Judge Raymond L. Pianka, tenant and the existence of the eviction as latter may take a significant amount of time
and our current Judge Ronald J. H. O’Leary, a public record may affect credit status and but a status hearing is brief, limited to very
more than 80% of cases routed through dispute future rental opportunities. specific objective standards of performance set
resolution do in fact settle. This is remarkable A settlement, on the other hand, commonly forth in the Agreed Judgment Entry.
given that the Court operates in one of the most crafted as an Agreed Judgment Entry, can be a Judge Ronald J. H. O’Leary has provided
contentious legal environments in the State of better resolution. Rather than simply going to additional Court assets to help to advance
Ohio. Eviction may be an interaction between trial, the parties can agree that the tenant will settlement.
individuals with wealth and individuals with depart by a specified date. They can also agree The number of dispute resolution specialists
limited income; in other cases it is a dispute that money will be paid on an incremental basis has expanded. Their actions are essential in
between two financially-distressed parties, prior to departure. Such an agreement creates a providing linkage between the goals of the
each with a great deal at stake. The abrupt certainty of outcome for the landlord and affords parties and the assets of the Court. They
loss of possession on the part of a tenant can the tenant a “graceful exit.” In some instances, provide services such as educating parties and
be emotionally and physically distressing. The entries are crafted by mutual agreement that counsel as to the availability of status hearings,
loss of rent conferred to a landlord can have permit restoration of the tenancy rather than a arranging the status hearings, and drafting the
its own negative consequence, particularly for departure, predicated upon a series of payments, Agreed Judgment Entries setting forth well-
landlords with only one or two rental units. past and future rent, going forward. defined objective performance standards to be
Vigilance in monitoring a settlement monitored by the Court.
agreement is a major asset. Dispute
PRIVATE MEDIATOR resolution specialists have the authority to Time is an asset as well.
Private Mediator
THOMAS REPICKY, ESQ. set up a series of status hearings after the The dispute resolution specialists frequently
thoMas rePicky, esq.

Tort, Employment, Commercial crafting of an agreement. If the payments review the pleadings of cases before conferences
Tort, Employment, Commercial
take place. This affords them the opportunity to
and Malpractice Claims are made and if the tenant departs as
and Malpractice Claims
agreed, the status hearings will not trigger craft proposed Agreed Judgement Entries that
Effective & Experienced a judgment. But if there is a default on the are then made available for consideration by
Effective & Experienced
parties and counsel and which, of course, can be
Over 1,500 Mediationss
Over 1,400 Mediation part of the tenant along the way, the status
hearing will generate possession and money embraced, modified, or rejected by the parties,
Mediated Claims
Mediated Claims judgments. From the landlord’s perspective, but which, in any event, will help to enhance
$10,000 to $12 million
$10,000 to $12 million settlement discussion. The specialists are also
the agreement will assure a certain outcome
(440) 247-3898
(440) 247-3898 of the possession issue. Independent money permitted to arrange a second or third settlement
tomrepicky@sbcglobal.net lawsuits are also managed by the Court conference. This can be useful for a variety of

TomRepicky@sbcglobal.net
www.clevelandMediator.com utilizing incremental terms of payment and reasons. Continuing evidence discovery after a

www.ClevelandMediator.com
status hearings. first conference can bring greater clarification
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