5. Adam Bontrager, the defendant, purchased a piece of land. Before the sale, th
ID: 386088 • Letter: 5
Question
5. Adam Bontrager, the defendant, purchased a piece of land. Before the sale, the previous owner had been notified by the Department of Health that the current septic system on the property was not up to specs. Consequently, the Health Department or dered a systems upgrade. Once Bontrager bought the property the obligation to upgrade the system passed to him. Bontrager began the process of up- grading the system and then stopped. Bontrager argued that, since he was Amish and since his religion forbid him to use electricity, which the upgrade required, the Health Department order was a violation of his religious rights under the U.S. Constitution. Without the system upgrade, untreated sewage was flowing into a local stream causing a health hazard. As a result, the defendant was cited for a violation of the administrative code and fined accordingly. The case seems to be one for which ADR is well suited. Can the judge order arbitration or mediation in this case? Why or why not? [See: State v. Bontrager; 149 Ohio Misc.2d 33 (Newton Falls Municipal Court).]
Explanation / Answer
Judge can order Mediation in this case. This is because, the case is about the issue of religion and religious values, which is more into emotional aspects than presenting the evidence and proofs to substantiate. Mediation is less formal than the Arbitration process. Mediation do not issue orders, find faults or into determinations. Rather, mediators help both the parties to reach a settlement by way of communications, collecting information and developing the various options.
As this is not a typical legal case, rather a matter of emotional values, so it should not carry out providing evidences and getting into legal netigritty, rather reaching a settlement by convincing both the parties.
Related Questions
drjack9650@gmail.com
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.