Mediation Session between the Landlord and the Tenant - Case Study Example

Scenario Mediation Case Study Scenario Mediation Case Study The parties and their perspectives This paper presents a mediation session between the landlord and the tenant with me as the mediator. The mediation commences after the landlord resorts to a legal court process seeking agreement on reason that there was a breach on terms of landlord-tenancy agreements on the part of tenant. The disagreement came about because of failure of the tenant to pay rent to the landlord promptly. Both parties have their own grievances and perspectives with regard to the conflict. The Landlord hereby called Linda The landlord’s main concern is the outstanding rent fees that the tenant, hereby called Dennis owes her. According to the landlord, the tenant owes her a rent balance from December amounting to 250 dollars. The tenant owes a further 750 dollars that covers the rent for January. The Landlord raises concerns that the tenant will owe her a further 750 dollars that is rent for February which is just five days away. In addition to the rent, the Landlord is demanding payment of two late fees worth 100 dollars, court fees worth 14450 dollars and a double damages fee of 1150 dollars. The Landlord is allowed by the statute to charge the double rent from the time off payment default to date. The landlord expects the tenant to settle the outstanding rent by 1st February or face eviction. The Tenant hereby called Dennis The tenant admits to the fact that he owes a substantial amount of rent to the Landlord. He attributes his failure to pay rent in time to the fact that he does not have a job. He further reiterates that he cannot pay the rent unless he gets a job. The landlord is not in agreement with the tenants request to be allowed to settle the outstanding rent by the end of July. With regard to the problem, mediation session will be a better approach towards resolving the disagreement by giving possible suggestions to guide the process of reaching a consensus (Slaikeu & Hasson, 2012, p. 4). As a mediator, I will argue from a common point and involving the parties in attempt to reach a bindings agreement. My pre-mediation strategy I will use facilitative mediation style in this session because actually the aim is to structure the session in order to assist both the landlord and the tenant in reaching a mutually agreeable resolution about their problem. I will ask questions that will validate and normalize the parties’ point of view in an attempt to find a resolution. I must confirm to the parties the general plan mediation session will follow. I will begin the session with an opening statement as the mediator. My opening statement will introduce myself, the parties involved and definition of the mediation role. I will also describe the mediation procedures including my neutrality in the mediation session, confidentiality in the matters discussed, meeting format and suggesting behavioural guidelines for the mediation session (FINRA, 2015, p. 1). Most important, I will use caucus approach to unravel more information needed for mediation agreement. Talking to the parties separately help parties to open up on issues they would hide in presence of one another. Settlement agreement Before commencing the mediation process, I must ensure that both the parties agree to the following terms from which we are yet to find a lasting resolution (Stepp, 2015, p. 1). The landlord agreed to abide by the following considerations of action of the tenant: i. The landlord agrees to waive any and all actions, claims, complaints, grievances, appeals and proceedings of whatever nature against the Tenant. The actions will become effective when the landlord executes this agreement, with the exclusion of other concerns that may result from the breach of any terms of this agreement. ii. The Landlord further agrees that the Tenant has the right to present the agreement as proof of the withdrawal or waiver of any given claim that is set for a waiver or withdrawal. iii. The Landlord also agrees to promptly provide any documents or take other action necessary to affect withdrawal or the waiver process of particular claims and the settlement agreement contains a term calling for payment of money to the Landlord and/or the Landlords representative. My role as a mediator will be to convince the tenant to abide by the agreement made by the landlord upon prima facie. On the other hand, the tenant also had to speak out his or her views that required the landlord was to abide to. These terms include the following. i. The agreement does not require either of the parties to admit that they are guilty or liable. Both parties entered into the agreement solely for resolving the stated matters in a manner mutually satisfactory to both parties. ii. This agreement is binding to both parties. The agreement does not involve any secondary terms encoded either orally or in written form except for the ones specified herein. iii. This agreement cannot be used as a precedent in the process of resolving other concerns raised by the Landlord or any other party. iv. If in accordance to the Landlord, the Tenant has not complied with the terms of this agreement, he or she must notify the ADR Program Administrator in writing within thirty days of the date in which the alleged offence occurred, asking for the implementation of the terms of the agreement. Alternatively, he or she may request to return to mediation to resolve any compliance issues. v. The agreement between the parties is not to be engineered or influenced by a third party. It should be voluntary and bound to the concerned parties alone. How the positions, interests and issues were fleshed out during the mediation The questions and clarifications aired by the two parties will help normalize the parties’ point of view. It will help in searching for interests underneath the positions taken by the landlord and the tenant and then to find and analyse options for resolution. As a mediator, I will be in charge of the process while the parties will be in charge of the outcome. The positions of the parties during the mediation should not be strong but they need to lessen their stand for understanding one another. The mediation process should be a win-win situation and parties should embrace argument that lead to binding agreement among the parties benefiting from the mediation. To gather all the issues, I will predominately hold joint sessions with both the landlord and the tenant present so that they can hear one another’s point of view on the issue. In addition, I will hold caucuses regularly to complement the joint session, as this would allow me to acquire in-depth information underlying the issues of disagreement. How mediation concluded There is need to understand the parties’ needs and interest as this will lead to realistic resolution. After listening, recording and perceiving the information from the parties I will bring the argument but from a common point. If agreement is still far to achieve, I will introduce the issue of threat such as the introduction of a court to quicken the mediation session by arriving at solution. I will let the parties make an agreement between them because the resolution should come from the parties. Upon the parties agreeing, I will record the agreement and give suggestion on the possible conclusion. After arriving at a amicable resolution that is not disputable by either party, the mediation process will be a success session. Finally, I will thank both the landlord and the tenant and make them sign the agreement (Potter, n.d, p. 1). The agreement contained how the tenant will pay the landlord the rent arrears. The agreement also contained the terms of money payment that the tenant will abide by in order to settle the dispute he has with the landlord. The agreement specifies some actions taken for a party who do not abide by the agreement. Final agreement This is an agreement that the parties who participated in mediation reached. The agreement is in line with the confidentiality or privacy principle of the mediation procedure (Nolo, 2015, p. 1). i. The parties understood that mediation was usable to discuss and potentially resolve issues that arose between the Tenant and the Landlord. The parties understood that the mediator’s role was to ensure that the parties communicate appropriately and give them guidance on the different options of settling the dispute. It is not in the jurisdiction of the mediator to make decisions for the parties render a determination on the merit of the issue raised, or act as an advocate for either party. ii. No recording of mediation sessions and even destroying of the notes taken by the mediator will take place at the completion of the mediation process. The parties agreed not to subpoena the mediator or compel the mediator to avail any documents provided by both parties during future judicial proceedings. In addition, the mediator will not voluntarily testify on behalf of a party in any pending or future administrative or judicial proceeding. iii. The parties understood that any oral statement or any written communication prepared specifically for the mediation will in confidential storage and protected but matters that are admissible in a court of law or within in administrative process will continue to be admissible. iv. It is possible to disclose the communications made in the presence of all parties and written materials shared with all parties but no party shall bind by anything said or done during the mediation process unless a written agreement reached and executed by all necessary parties. v. Reaching in an agreement shall be in writing and after signing and presided over by relevant authorities for both parties, the document shall be legally binding after the parties give their consent. vi. The matter may not be resolved through mediation but either the landlord or the tenant can utilise other resources that may provide a platform for redress. However, the party should be conversant with all the deadlines in relation to the procedures and comply appropriately. Having chosen the mediation process, such deadlines are not waived or tolled unless otherwise agreed to in writing Problem solving strategy The mediation session require generating a range of settlement option. The landlord and the tenant must evaluate the generated options before choosing on the most appropriate one to them (Zumeta, 2015, p. 1). As a mediator role, I ensure that we explored the available options in order to come up with a strong agreement that is binding. During the mediation process, the landlord accused the tenant of failing to pay rent for three consecutive months. However, the tenant argued that he has not paid rent because he lost his job. During the mediation process, a binding agreement reached between the landlord and the tenant required the tenant to commence paying for rent promptly even if it is little (Macmillan, n.d, p.41). The amount payable by the tenant contained the term of money payment to the landlord as per the agreement. The agreement has the term, detail and the stipulation when payment is due. The agreement contains the entire understanding between the parties. The signing of the agreement by both the parties is important to ensure that both parties abide by the agreement that is the focus and rationale of carrying out mediation. Bibliography Financial Industry Regulatory Authority (FINRA). (2015). Mediation Process. Web. May 25, 2015. Retrieved from https://www.finra.org/arbitration-and-mediation/mediation-process Macmillan, R. (nd) Macmillan Keck attorneys & Solicitors: A practical Guide for Mediators pp 1-49. Web. May 24th, 2015. Retrieved from: http://www.macmillankeck.pro/media/pdf/A%20Practical%20Guide%20for%20Mediators.pdf Moore, C., (1996). The Mediation Process: Practical Strategies for Resolving Conflict. Web. May 24th, 2015. Retrieved from: http://www.colorado.edu/conflict/peace/moor7538.html Nolo. (2015). Mediation: The Six Stages. Web. May 25, 2015. Retrieved from http://www.nolo.com/legal-encyclopedia/mediation-six-stages-30252.html Potter, Beverly. (nd). Negotiation Techniques. Web. May 25, 2015. Retrieved from http://www.docpotter.com/frocon_negtech.html Slaikeu, K. A., & Hasson, R. H. (2012). Controlling the costs of conflict: How to design a system for your organization. John Wiley & Sons. Pp. 1-17 Stepp, Jessica A. (2015). How Does The Mediation Process Work?. Web. May 25, 2015. Retrieved from http://www.mediate.com/articles/steppj.cfm Zumeta, Zena D. (2015). Styles of Mediation: Facilitative, Evaluative and Transformative Mediation. Web. May 25, 2015. Retrieved from http://www.learn2mediate.com/resources/styles-of-mediation/ Read More