MORE ON MEDIATION NEEDS DURING SHELTER-IN-PLACE

Recently, I highlighted the growing need for landlord-tenant mediation during our current times when some states have prohibited evictions resulting in both residential and commercial tenants struggling to pay rents.

Another growing concern regarding shelter-in-place is the stress the confinement can put on relationships. For many, it’s not only the stress of the limited outside activities, but also the stresses that can arise from economic uncertainties, home schooling, working at home and the fears arising from a variety of unknowns.

Community mediation centers are available to help families and friends using videoconferecing as a way to better deal with day-to-day conflicts.

One example is Humboldt Mediation Services in California, which offers mediation on a sliding scale. When someone calls or contacts them through their website, the case managers first interview the parties individually via videoconferencing and coach them on how to make the best use of mediation. Many people who call haven’t had experience with this method before. After the individual meetings both parties videoconference with the mediators who guide the participants through the mediation process and assist in preparing a written agreement.

The parties who complete the videoconferencing sessions find its immediate availability a major benefit compared to in person because it can be less stressful, far less expensensive and increase the opportunity to preserve a relationship.

Videoconference mediation is not new. It has been long been used, for example, when one spouse is threatened by the physical presence of the other. In those cases, the technology made it possible for the parties to meet. It has also been used for years when the parties are separated geographically and a face-to-face meeting was not possible.

So, with all this in mind, I encourage people who are seeking help to deal with conflicts resulting from the stresses of confinement, to reach out to independent and communication mediation services who can offer this screen-to-screen option.

Peter Costanzo
MEDIATION DURING SHELTER-IN-PLACE

Like everything else, mediation programs have been greatly impacted by shelter-in-place recommendations.

In many states, courts are in recess or very limited, so the number of court-referred mediations is reduced. As a result, many forms of face-to-face mediation are less likely now in states where safety conditions can’t be met. That, of course, has led to an increased need for telephonic and online mediation.

One example of change is the growing need for landlord-tenant mediation. In some locales both residential and commercial tenants have struggled to pay their rents, and while some states have prohibited evictions, tenants and landlords have issues that need to be resolved.

In San Francisco the Lower Polk Tenant Landlord Clinic has experienced a rush of calls not only from the Lower Polk district, but other San Francisco neighborhoods as well. The clinic does not provide legal advice but provides information and mediation. Landlords and tenants need help in interpreting and applying the changing tenant protections. The mediation that is provided helps prevent any legal action and limits the costs associated with these disputes.

This example will illustrate their service: A tenant could not pay her April rent. The mediator listened to her situation and explained the city’s COVID-19 eviction protections in terms she could understand. A subsequent conversation (mediation) with the tenant and landlord occurred and the parties agreed on next steps. The mediator later followed up with both parties to ensure their agreement was moving forward and properly documented. Legal action and additional expenses were avoided and a positive tenant-landlord relationship was maintained.

Local community mediation centers and individual mediators may be available to help parties facing any form of shelter-in-place misunderstandings and conflicts. If you find yourself in a difficult situation, reach out for help.

Peter Costanzo