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Arbitration as an alternative for tenancy disputes

Arbitration offers binding rulings in tenancy disputes: faster and confidential. Alternative to mediation for complex tenancy contracts.

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Arbitration serves as an alternative to mediation in tenancy law disputes when parties desire a binding but faster ruling than from the court. Through an arbitration clause in the tenancy agreement, parties submit the dispute to an arbitrator, whose award is final and directly enforceable (Arbitration Act, art. 1020 DCCP). Advantages: confidentiality, expertise in tenancy law, and shorter duration (months instead of years). Costs: shared, often lower than court proceedings. Suitable for complex cases such as large-scale tenancy portfolios or commercial leases. Unlike mediation, the arbitrator decides objectively, without negotiation. Disadvantages: no appeal possible and higher threshold for individuals. Less common in residential tenancy than mediation, but ideal for landlords' associations. Example: dispute over rent indexation – arbitrator tests against CC standards. Choose an NAI arbitrator for recognition. Arbitration prevents publicity and provides certainty. Combine with mediation for best results. Tenants: check if your contract allows arbitration. This way, you consciously choose efficient dispute resolution.