Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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 part-time 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 $100,000 franchise purchase price and using your savings for the rest. You signed a five (5)-year lease with a landlord. You gave a $10,000 deposit and had $50,000 worth of new equipment delivered to the building. The rent is high, $5,000 per month plus three percent (3%) 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 $180,000 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 (2) 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 $5,000 a month in rent is out of the question. 1

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Auditing a risk based approach to conducting a quality audit

Authors: Karla Johnstone, Audrey Gramling, Larry Rittenberg

9th edition

978-1133939153

Students also viewed these Law questions