The Legal System and ADR Analysis 1

The Legal System and ADR Analysis

Shane Fuller
LAW/531
07/07/2014


















The Legal System and ADR Analysis 2

July 07, 2014

To: Diane Gould

From: Shane Fuller

Subject: Massachusetts Legal System

The case that typically arises ay my workplace is eviction. Dealing with individuals who are
being evicted has to undergo certain steps before the eviction process is complete. First I will go
over the legal eviction process here in the state of Massachusetts.
Eviction
A Landlord cannot evict someone from their home or apartment before going to court
Eviction can only occur once gained permission from a judge with written
documentation and proof of the violation of the lease or disturbances in which the
individual is getting evicted.
If the eviction process is not done properly the person evicted can sue the landlord for
not following the law and get money to compensate for the wrongful eviction process.
A landlord can evict for only a number of reasons
o No rent payment
o Violation of the lease agreement
o Using the apartment for illegal purposes
Legal Phases
The very first phase of the eviction process is that the landlord needs to gain permission
by a judge to evict someone.
The landlord or owner of the property will obtain evidence to prove their case before a
judge so that the proof will be evident and the judge will approve the eviction
Once all evidence has been gathered the landlord will obtain an appointment to go to the
Massachusetts Housing Court. This court handles all of the housing cases such as
evictions, health safety of a property, and Human habitation rights.
Pursuing the litigation process
Proven documentation
Legally right with no chance of the evicted person getting compensation for illegal
practices
Proven effective and has third party involved with a legal entity making the final decision
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Only wait to obtain a legal eviction notice is to get approval from a judge through the
court system.
Once a notices has been approved the landlord needs to go to the local authorities and
have the sheriff escort the landlord in serving the eviction which is costly as well.

Pursuing ADR
Decisions can be made in less amount of time
Cost effective approach without the use of lawyers and the court system
Risk is higher because there is no legal documentation of eviction and can prolong the
eviction process
Risk of no agreement and having to go through the litigation system regardless
The best ADR method to use is to develop a way in which both the person getting evicted and
for the landlord to come up with a agreement in which the landlord allows the person to stay or if
the tenant will leave. The best way is to address the problem with the landlord before the
landlord decides to go to court. Being able to figure out the problem and solving it civilly, is the
best ADR method before having it go to court.
















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Resources
-Cheeseman, H. R. (2013). Business law: legal environment, online commerce, business ethics,
and international issues (8th ed.). Upper Saddle River, N.J.: Pearson/Prentice Hall.
-Mass Legal Help(2014). Evictions. Retrieved from:
http://www.masslegalhelp.org/housing/evictions
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