How Mediation Provides an Open and Honest Forum

A neighbor/neighbor dispute went to court and then to mediation.

One neighbor was suing the other for medical expenses from a dog bite. The suing neighbor was in his back yard with his two young children when they heard, then saw the neighbor’s dog trying to get under their fence. The man ran to the fence and tried to stop the dog from coming into his yard by pushing it with his hands and in so doing experienced a serious dog bite. 

But the owners of the dog saw the incident differently. Having lived in their home for decades, they were alone, as their children had all grown and no longer lived with them. The dog owners felt the neighbors had been standoffish and unfriendly with boys who continually pestered their dog, which was a small toy beagle. In a private caucus during mediation, they admitted the dog was considred family and were very afraid this incident would result in losing yet another family member.  

While we can’t predict what a judge would have done, it’s a reasonable guess the outcome would have resulted in favor of awarding the medical expenses for the man who was bitten. But we do know the outcome of the mediation because several hours in the neighbors shared their feelings openly. Their agreement was to cover medical costs and share expenses to improve the fence. The parties later told the mediator they became involved in each other’s lives by watching their homes while either was away and even got together for cookouts. 

So, what made such change possible? The neighbors just needed the safe forum mediation provides to share their feelings openly and honestly.