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Abstract
Mediation is a dispute resolution mechanism between the parties on a dispute, which is characterized by: flexibility, time and monetary efficiency, confidentiality, as well as other elements that make it a suitable method for resolving disputes. The objective of this paper is to present the settlement of landlord-tenants disputes through mediation, as it is well known that the rent-lease relationship is a very widespread problem, in modern times. This paper was conducted as a literature review, through the following methods: descriptive, comparative, and analytical methods. Disputes between tenants and landlords cause a burden on the judicial system, reduced quality of life between the parties to the dispute and economic damage to both parties. Mediation, as an alternative process of dispute resolution has resulted to be an appropriate process for resolving landlord-tenant disputes due to time and monetary efficiency, maintaining positive relations between the parties and preventing individual and social economic damage.
Keywords: civil disputes, tenant, landlord, mediation.
JEL Classification: K12
1.Introduction
Conflicts between landlords and tenants, in the context of the responsibilities and obligations of the parties to the lease contract, are a part of modern daily life considering the fact that in urban locations, the largest percentage of real estate is under lease contracts2 . Landlords and tenants are in a reciprocity of rights and obligations towards each other. While landlords have obligations to ensure the tenants full access of the property, to ensure a relatively quiet environment, to maintain and repair the property based on contractual agreements between the parties, the tenants have obligations of fulfilling the monetary obligations on time, to preserve the property and compensate the landlord in case of a causative damage by the tenant3.
The relations between landlords and tenants, are defined by a long duration and a high intensity. These relations do not end on the events of gaining access to the property for the tenant or by the signing of the lease contract, instead they continue to exist as long as the tenant remains in the property or extend to the future after the lease contract ends, in case there are unresolved problems between the parties4. Keller has defined that in the reports between landlords and tenants, there is a disbalance of power in between...