Entry: Aand Res A mediation Feb 7, 2006



The whole of the mediation took place in one session as it had been very difficult to arrange date mutually convenient to both parties.  It was deceided that following conversations with each party, it would be appropriate to conduct the mediation in this way. 

The party1 had asked the court if the case could go to mediation following a court hearing, and it was duly agreed.  This however had been agreed in the Summer of 2005 and it had taken until early Feb 2006 to arrange for this to happen.

The process was explained to party 1 during the introductions of the first meeting.  She appeared to be extremely nervous and both mediators worked hard to try and reduce that feeling for her.  Confidentiality was explained at the same time.  Prior to the meeting, mediators had had sight of various documents that had passed between both parties, however it was needed for party 1 to explain what had happened for the case to get to the present position. 

Party A is landlord who has a tenatnt in her flat, party 2 are representatives of the residents association who manage the block.  There had been some damage to the roof and party A had asked for repairs to be done as the interior of the flat was suffering from damp.  It had taken two years for the work to be done and party A had contracted the work to be done, but deducted payment from the maintenance payments to the residents association.  Party 2 are now demanding that money to be paid and interested is being added whilst the debt is outstanding.   Party A  claimed that she had undertaken this procedure in the past and there had been no objection.  This time she had been told to claim from the resident's associations insurance company!!!!!!!!!!!!  However there was some argument from the insurance company over this as they claimed that partyA had been paid the money for the repair.

Party 2 were claiming that they were within the lease agreement to ask that monies be paid or all the residents in the block would have the shortfall divided between them. 

The matter was discussed over a long period of time, however the agreement made was to proceed to arbitration.  There was no shift on either side.

 

 

 

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