If negotiation seems like a waste of time, or you've tried
talking with your landlord and just can't resolve a problem, consider enlisting
the help of a neutral third-party mediator. Even if your landlord won’t speak
to you on the phone, a skilled and experienced mediator may get him to the
table.
A lot of the time people confuse mediation with arbitration.
While both are no judicial ways to solve disputes, there’s a huge difference
between them:
Arbitration, like
a lawsuit, results in a binding decision handed down by the arbitrator, who’s
like a judge.
Mediators, by
contrast, have no power to impose a decision. Their job is simply to help the
parties work out a mutually acceptable solution to their dispute. Put another
way, if you and your landlord don’t agree on a solution, there is no solution.
However, if both sides desire to craft a resolution that both want to
be binding, they can do so.
Mediation can make especially good sense if:
** Your landlord doesn’t realize what a poor job the
resident manager or management company has been doing, and you want the
opportunity to bring this up.
** You are dealing with a good or at least halfway decent
landlord, and you think there’s hope for resolution.
** You think the landlord is savvy enough to want to avoid a
protracted court battle.
Many people are surprised to learn that mediation really
does work. One big reason is the cooperative spirit that emerges.
By agreeing to mediate a dispute in the first place, you and
the landlord implicitly agree to solve your own problems. Also, the fact that
no judge or arbitrator has the power to impose what may be an unacceptable
solution reduces fear and defensiveness on both sides. This, in turn, often
means both landlord and tenant take less extreme—and more
conciliatory—positions!
Looking for the assistance of a experienced, professional mediator in the Cape Town area? Contact Cape Mediators today! Call 082 422 3324 or pop us an email on mike@capemediators.co.za
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