Re: Mediator vs. Lawyer???

[Guest guest]

Hi Harriet:

This is an area in which I actually have some expertise...I have a master's

degree in Conflict Analysis and Resolution and I worked for the American

Arbitrtion Association for five years - a couple of them primarily with

mediation.

You're not going to like what I have to say, unfortunately, so hold on to your

chair, if need be.

In a perfect world, your landlord would not have allowed the situation to be

unhealthy once it was brought to his attention - so we're in agreement, I'll

assume, that this is not a perfect world.

Also in a perfect world, people who do wrong and damage other people step up

to the plate and make amends by whatever means necessary - but of course, I'm

pretty sure we're in agreement that we are not living in a perfect world.

Mediation is a VOLUNTARY process by definition. Some courts mandate that

parties attempt mediation, but it is still a voluntary process if it is actual

mediation. In mediation, a mediator sits down with two parties and through

meeting with them together and separately attempts to help them craft a solution

both can live with. If the process is anything other than that, it isn't real

mediation. If a 'mediator' is designing the solution and suggesting that it be

imposed, it is really arbitration - but hey, if the courts call it 'mediation,'

then we have to call it 'mediation.'

Many parties hire attorneys to represent them and help with negotiation in

mediations, although I suppose a court may use rules that preclude that, but I

doubt it. If you go to a community mediation service people are unlikely to

have attorneys.

Unfortunately, being as how this is an 'extra-legal' process of sorts, you are

unlikely to get your landlord to AGREE to do anything he is not required to do.

Being the jerk that he probably is, his feelings are probably that you may be

sick, but it's not HIS problem, hence he won't suggest doing much and then

you're stuck.

The classic book on this is called " Getting to Yes " written by Fisher and Ury

of the Harvard Negotiation Project - it's thin and a quick read and

indispensible.

You're likely only gonna get this guy to give you what you want when he's up

against the wall - hate to sound like a jaded liberal when I say that, but, I'm

afraid it's the case. You'll need all the muscle you can muster, whether it's

filings with the health department or whathaveyou. On this site, we see time

and again that the government hasn't made things easy for us to prove how we got

damaged or that environmental situations are unhealthy. It's EXPENSIVE and

difficult to prove we've been harmed, and very few attorneys will take the

expense on for you.

My neighbor DIED of his exposure over a year ago, and we're still months away

from being able to get a case filed even though we have proof that mold exposure

caused his demise. We had moved before he died - not soon enough for him - but

we decided to cut our losses and run while we still had health to do it with.

You'll find that story at least a thousand times here on this site. Someday,

one of us here will get the case through that changes how society understands

mold and the government recognizes it - but it hasn't happened yet, and we all

end up taking it on the chin in the mean time.

All that being said, I hope it goes better for you than it has for others so

far. If you have an attorney willing to take the case, that's probably your

better option - although he may not really understand much about mold - this may

be a much tougher case than he thinks (I'm sure I'm making myself fodder for the

feeding-frenzy by saying this...)

Best,

Haley

herbivoresf <herbivoresf@...> wrote:

Hi everyone. I've been away for a couple of months, but coming home

and needing to continue the saga.

I potentially have a lawyer willing to take the case of my moldy rooms

making my CFIDS and Fibromyalgia worse (although he's never heard of

Fibromyalgia, which makes me wonder......hm mmmm.....). Anyway, he's

talking about needing to knock down walls etc.

I'd much rather deal with a mediator and settle this out of court.

Does anyone know of people who do this? I'm not really trying to

prove that the landlord is responsible for my illness, I want to get

some compensation for asking for 5 years that he clean up the mold,

him telling me repeatedly that it was not dangerous mold, knowing that

I moved in already with immune-related illness, and basically ignoring

my pleas for him to do remediation, even after telling him I had tests

done to prove how high and dangerous the mold potentially is to me.

I at least want my 5 years of rent back, and would of course like

something for damages, but know that's not likely.

I basically want the landlord to work with a mediator and settle this

out of court, because he knows it could be worse for him if we go to

court. A scared landlord, that's what I want;)

Love to everyone, and despite the misery of all this, I hope you're

all hanging in there.

Thank you!

Harriet

FAIR USE NOTICE:

[Guest guest]

Haley,

That is a great treatise on what to expect on the personalities and

the details. In my experience the initial basics are pretty much the

same whether mediation, arbitration or legal process. How the

determination is made is different for each and whether, as you said,

it is binding or voluntary. I'd add, however, that the best I've ever

seen a winning plaintiff be awarded in binding arbitration is a split

down the middle, regardless of the preponderance of facts.

Carl Grimes

Healthy Habitats LLC

-----

Hi Harriet:

This is an area in which I actually have some expertise...I have a

master's degree in Conflict Analysis and Resolution and I worked

for the American Arbitrtion Association for five years - a couple of

them primarily with mediation.

You're not going to like what I have to say, unfortunately, so hold

on to your chair, if need be.

In a perfect world, your landlord would not have allowed the

situation to be unhealthy once it was brought to his attention - so

we're in agreement, I'll assume, that this is not a perfect world.

Also in a perfect world, people who do wrong and damage other

people step up to the plate and make amends by whatever means

necessary - but of course, I'm pretty sure we're in agreement that

we are not living in a perfect world.

Mediation is a VOLUNTARY process by definition. Some courts

mandate that parties attempt mediation, but it is still a voluntary

process if it is actual mediation. In mediation, a mediator sits

down with two parties and through meeting with them together and

separately attempts to help them craft a solution both can live

with. If the process is anything other than that, it isn't real

mediation. If a 'mediator' is designing the solution and

suggesting that it be imposed, it is really arbitration - but hey,

if the courts call it 'mediation,' then we have to call it

'mediation.'

Many parties hire attorneys to represent them and help with

negotiation in mediations, although I suppose a court may use rules

that preclude that, but I doubt it. If you go to a community

mediation service people are unlikely to have attorneys.

Unfortunately, being as how this is an 'extra-legal' process of

sorts, you are unlikely to get your landlord to AGREE to do

anything he is not required to do. Being the jerk that he probably

is, his feelings are probably that you may be sick, but it's not

HIS problem, hence he won't suggest doing much and then you're

stuck.

The classic book on this is called " Getting to Yes " written by

Fisher and Ury of the Harvard Negotiation Project - it's thin and a

quick read and indispensible.

You're likely only gonna get this guy to give you what you want

when he's up against the wall - hate to sound like a jaded liberal

when I say that, but, I'm afraid it's the case. You'll need all

the muscle you can muster, whether it's filings with the health

department or whathaveyou. On this site, we see time and again

that the government hasn't made things easy for us to prove how we

got damaged or that environmental situations are unhealthy. It's

EXPENSIVE and difficult to prove we've been harmed, and very few

attorneys will take the expense on for you.

My neighbor DIED of his exposure over a year ago, and we're still

months away from being able to get a case filed even though we have

proof that mold exposure caused his demise. We had moved before he

died - not soon enough for him - but we decided to cut our losses

and run while we still had health to do it with. You'll find that

story at least a thousand times here on this site. Someday, one of

us here will get the case through that changes how society

understands mold and the government recognizes it - but it hasn't

happened yet, and we all end up taking it on the chin in the mean

time.

All that being said, I hope it goes better for you than it has for

others so far. If you have an attorney willing to take the case,

that's probably your better option - although he may not really

understand much about mold - this may be a much tougher case than

he thinks (I'm sure I'm making myself fodder for the

feeding-frenzy by saying this...)

Best,

Haley

[Guest guest]

I dont think this land lord is so little, when he has more than this

one rental apartment, like maybe 20+. he was actually a neighbor of

mine and was a so called friend. and I dont fall for the dumb excuse.

he knew exactly what I was talking about when I first called him

asking if he had any apartments for rent and had allready known of my

mold problem and my illnesses from my own home. did he just become

dumb, when I told him there was a mold problem in his apartment?

your giveing landlords to much credit if you think they are dumb to

toxic mold. at the least he could have done some very cheap tape

test to find out what toxic molds he was exposeing people too, at the

most, he could get on the internet and get all kinds of knowledge.

but instead, he played dumb, and said there was nothing he could do.

basicly saying, he was not going to do anything, and no one could

make him. needless to say, we are not friends anymore. and guess who

wants to bye my moldy home and make it into apartments. and guess

who will be standing on the court house steps to bye my moldy home if

I cant pay the taxes this year? sorry, but dont try to defend

landlords to me, maybe you should have to have a liciense to be a

landlord, and take classes on how to keep maintence up on your

buildings.

>

> > I think the only way to let

> >landlords know that they cant get away with this is to take them

to

> >court. sence I am already dealing with a lawsuit, I could not take

on

> >sueing him too, but it really bothers me that he is still renting

out

> >these apartments knowing that it is harming his renters

>

[Guest guest]

Here in Vegas you get a court appointed mediater IF your case is between

10,001 to $40,000.

Anything over that is by jury or a judge, see how your court system works.

Keep in mind MOST mediators are ATTORNEYS who are REQUIRED by the courtd

to do x-amount of mediations a year.

Remember a SHARK/Attorney will ususally slant to the good ole boys

network...

Angel (former paralegal)

On Tue, 28 Feb 2006, herbivoresf wrote:

> Date: Tue, 28 Feb 2006 20:50:48 -0000

> From: herbivoresf <herbivoresf@...>

> Reply-

>

> Subject: [] Mediator vs. Lawyer???

>

> Hi everyone. I've been away for a couple of months, but coming home

> and needing to continue the saga.

>

> I potentially have a lawyer willing to take the case of my moldy rooms

> making my CFIDS and Fibromyalgia worse (although he's never heard of

> Fibromyalgia, which makes me wonder......hm mmmm.....). Anyway, he's

> talking about needing to knock down walls etc.

>

> I'd much rather deal with a mediator and settle this out of court.

>

> Does anyone know of people who do this? I'm not really trying to

> prove that the landlord is responsible for my illness, I want to get

> some compensation for asking for 5 years that he clean up the mold,

> him telling me repeatedly that it was not dangerous mold, knowing that

> I moved in already with immune-related illness, and basically ignoring

> my pleas for him to do remediation, even after telling him I had tests

> done to prove how high and dangerous the mold potentially is to me.

>

> I at least want my 5 years of rent back, and would of course like

> something for damages, but know that's not likely.

>

> I basically want the landlord to work with a mediator and settle this

> out of court, because he knows it could be worse for him if we go to

> court. A scared landlord, that's what I want;)

>

> Love to everyone, and despite the misery of all this, I hope you're

> all hanging in there.

>

> Thank you!

>

> Harriet

>

>

>

>

>

>

>

> FAIR USE NOTICE:

>

>

>

[Guest guest]

>

> > I think the only way to let

> >landlords know that they cant get away with this is to take them

to

> >court. sence I am already dealing with a lawsuit, I could not take

on

> >sueing him too, but it really bothers me that he is still renting

out

> >these apartments knowing that it is harming his renters

>

[Guest guest]

robert, dont worry about it, but thanks. we are all here to try to

make a difference, support, and to share are

views.

>

> > robert, if your waiting for healthy people to agree to expose

theri

> >selfs to toxic molds in clinical trails to see how sick they get,

you

> >have a long wait ahead. thats what animal trails are for.

> >and some of the illnesses caused by toxic mold exposure are

covered

> >under disability. like post stress syndrome, CFS, and some states

put

>