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Based on the rules of negotiation for Alternative Dispute Resolution who should I argue this case in regards to the facts listed below towards winning
Based on the rules of negotiation for Alternative Dispute Resolution who should I argue this case in regards to the facts listed below towards winning a favorable decision with a mediator?
In this case you are a tenant who was going to rent some commercial property in Santa
Ana. You are having a problem now. Assume that you have tried, but failed to negotiate a
successful resolution to your problem with your landlord.
You have always dreamed of running your own restaurant. You have won awards for
Mexican cooking. To get experience, you have taken parttime jobs assisting in the
management of a friend's restaurants. Recently, you decided to open a restaurant of your
own. You decided to try a franchise with a name that would draw customers.
You purchased a El Pollo restaurant franchise, borrowing half of the $ franchise
purchase price and using your savings for the rest. You signed a five year lease with a
landlord. You gave a $ deposit and had $ worth of new equipment delivered
to the building.
The rent is high, $ per month plus three percent of gross sales. The location
is near a civic center and Californians have flocked to El Pollo locations elsewhere.
The landlord was very cooperative and made some modifications including changing
the windows to fit the franchise specifications. You planned to quit your job in the
financial sector next month and begin a new career.
El Pollo may file for bankruptcy. You feel as though your dreams are dashed. When the
landlord heard the news, the landlord responded by changing the locks so that you could
not remove the boxes of equipment and sending a letter demanding you either perform
the lease rent the building or pay $ in damages. Talk about being cold at the
very least the mediation will permit you to tell that jerk what you think of such a
response.
The whole thing is a nightmare. If you don't get the equipment out within two weeks,
you will not be able to get a refund; in fact, you'll have to sell it as used equipment for
half price. Your savings are now down to only a few thousand dollars.
You would still like to start a restaurant, but if you try to start a Mexican style restaurant
without a national franchise, it will take some time to establish a clientele and you won't
have the benefit of the franchiser's assistance. Paying $ a month in rent is out of
the question.
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