NCJ Number
109616
Journal
Negotiation Journal Volume: 4 Issue: 1 Dated: (January 1988) Pages: 63-76
Date Published
1988
Length
14 pages
Annotation
This article examines the Brigham Young University (BYU) landlord-student tenant housing mediation process for off-campus students and the arbitration procedure followed when mediation is not successful.
Abstract
In 1982 BYU created and issued an arbitration clause for university-approved landlords to use in their rental agreements with BYU students. The BYU Housing Arbitration Board coordinates and administers the mediation and arbitration procedures. The board currently has a pool of 12 arbitrators. Generally, students prefer the mediation-arbitration process to small claims court. School administrators prefer mediation to arbitration but recognize that mediation does not always resolve impasses. Some landlords are critical of the school's laxness in enforcing arbitral awards, and legal questions exist about BYU's potential 'restraint of trade' in using the obligatory contracts the school mandates for landlords. Because of annual turnover in mediators and arbitrators, the training of new ones is critical. The article recommends elements of an effective arbitration clause. 2 references.