Expert: Timmy Chou - 5/5/2002

Question
What should I do?
1.)   The hot water faucet on in the bathtub upstairs was leaking, creating a flood downstairs.
2.)   We called the water department of Stanley to come turn off the water.
3.)   We then called the landlord and left a message on her machine.
4.)   We were told she was out of town.
5.)   I tried to fix the leak to prevent further damage to apartment.
6.)   The landlord showed up the next day.
7.)   She said because we didn't contact them first it was our fault the carpet got damaged by water downstairs, because I “tampered” with the bathtub faucet
8.)   She refused to pay the $300 apartment deposit back.
9.)   I wrote her a letter saying I was going to take her to small claims court unless she paid back the deposit by May 10.
10.) She has not responded to the letter yet, but I was told by her niece that she wants it to go to court.  

Answer
Thank you for your question!

Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

The case you describe here is unfortunately very typical.  I am not a lawyer, nor can I mediate any dispute with you alone but I can respond to your question from my business consulting experience.  Note that this may have legal factors and you may wish to consult a labor attorney.

My opinion is that you are being bulldozed.  You have more than likely complied with your agreements about notification and you should proceed to court if she will not mediate or negociate with you.  

Do not fail to make a detailed chronology of the events as they transpired as well as your actions.  If possible, be prepared to take witness to trial with you.  

In addition, do not fail to use all the tenant resources you might have available in your city.  Frequently there are government ombudsmans offices, better business bureaus, advocacy groups, and even sometimes a TV guy that sticks up for the little guy when they get beaten up.  Send letters to every group you can think of and send a copy to the landlord.  Make sure she knows that you will stop at nothing to be treated fairly and you will make sure that everyone knows how she does business.   

If you can create enough pain for her she is more likely to take care of you.  Be sure and get your expenses reimbursed by her for court costs, etc.

These are some ideas.  Feel free to follow up with additional questions.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

    Confidential, no public record
    Limited exchange of documentation, information
    Quick, don't have to wait for a court date
    Arbitrators have expertise in the subject matter and are trained in conflict resolution
    Cheaper than litigation
    Preserves business relationships

Negatives of Arbitration

    It's a compromise, no %100 winner
    Complex arbitration can be costly
    If not satisfied, may litigate the arbitration procedure
    Poor results with an unskilled arbitrator
    Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

    Neutral mediator can objectively suggest alternatives not considered
before
    Parties are directly engaged in negotiating the settlement
    Can be quicker than litigation
    Less costly than litigation
    Preserves business relationships
    85% of American Arbitration Association cases mediated find
successful solutions

Negatives of Mediation

    may not reach a binding decision
    unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

    a clear winner and loser
    uses a prescribed set of procedures
    more predictable outcomes
    is final

Negatives of Litigation:

    waiting for court dates can do more hare
    usually more expensive than mediation and arbitration
    part of the public record