31 in 31 - #17
Observing a Mediation at Court
As I am in the learning process mediation, I volunteer to go
to various courts and offer my services. The first step is observing other
mediators. I did an observation yesterday in Eviction Court . It was a version of the
classic situation. The tenant had not been fully paying her rent for over a
year. The landlord was trying to be understanding of the tenant’s situation. Both
husband and wife (tenants) had lost their jobs several times over the past year
and literally did not have the money to pay. However, they paid what they could
such as $300 here, $500 there. Their rent was $1500 a month. However, the
tenants had run up a debt of over $10,000 and the landlord had reached his
“kind does not mean weak” extensions so he needed a resolution. There are two
recurring issues in the eviction dialogue. The first is whether the tenants can
make the payments going forward with some degree of certainty. The second is if
the tenants cannot do this, then what is the best exit strategy that works for
both? It became clear during the discussion that the tenants could not guaranty
payment going forward. Little by little the landlord moved toward the position
of “might as well cut losses with little hope of ever receiving the money owed
for back rent”. Both parties tried varying solutions but neither could find one
the other could live with. At the end the conversation broke down, the tenant
leaving in tears and the landlord frustrated that he could not have worked
something out. Since I was the observer and could not comment in any way, it
was both frustrating and fascinating to watch and also think what I might have
done differently to help the situation. I will get many chances in the future
with probably similar situations and hope to be able to at least bring the
parties to the place where they both feel they have tried their very best and
sometimes will reach a settlement.
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