By Lea Ramos | Programs Director - Mediation Services
The house Julio was being evicted from was previously owned by his grandfather. Julio’s grandfather passed away a year ago and the house went into foreclosure. As a result, Julio faced no-fault eviction. Julio lived in the basement unit. His mother, Reyna, lived in the first-floor unit. Reyna moved out, but was giving extra support to Julio through the eviction process because Julio has a disability.
Before the mediation started, the mediator approached Reyna to inquire if Julio would be part of the mediation session. Reyna responded affirmatively, and clarified that Julio was present in the room but would be off-camera, and that she was going to be the one actively participating and negotiating on his behalf. The other party was the landlord’s attorney, Susana. Susana was there on behalf of her client and she was authorized to make an offer and sign an agreement.
In her opening statement, Reyna revealed that they were currently searching for a suitable place for Julio to move to, but were encountering significant difficulties. Despite being waitlisted for assisted living facilities, they were unable to determine when Julio would be granted approval to move in. This resulted in them having to explore other options, such as searching for another apartment that Julio could rent temporarily. However, given their limited resources, they were struggling to find a place that could cater to Julio's unique needs.
After hearing Reyna, Susana’s body posture completely changed. The mediator noticed this change and asked Susana if she was aware of Julio’s condition. Susana was not aware, and shared with everyone in the mediation that she also had a child with special needs. Susana spoke about her own experiences raising her young son and how it has been a challenging journey for her family. She emphasized the importance of advocating for people with disabilities and how it is a personal passion of hers.
Susana could envision herself in Reyna’s shoes, especially a few years down the line, and did not want to make the process any more difficult than it was. Susana did not waste time engaging in the negotiation dance. Instead, she opened with the maximum she was authorized to offer Julio: $3,500.00 if he agreed to move out within 30 days. Reyna was looking for 60 days to help Julio move out. She believed the additional time would allow for them to secure an apartment while still waiting to move to the top of the assisted living facility’s waitlist.
Susana sympathized. However, she was only authorized to extend the moveout date to 45 days, and if she did so, the monetary award would come off the table. The $3,500.00 was only part of the agreement if Julio was able to move out within 30 days. Susana reinforced that she understood Reyna’s situation as a mother and that is why she opened with the best possible offer she could make.
The mediator asked Reyna if they needed some time to think about it, and Reyna said yes. The parties went into separate breakout rooms. When the mediator brought the parties back together, Reyna shared that she and Julio talked about the potential benefits and drawbacks of each offer, and together decided to accept Susana’s initial offer of $3,500.00 and 30 days to move out. Reyna felt the offer took into account the needs and interests of her son by giving him enough time to find a new place to live without experiencing any financial difficulties.
All parties signed the agreement and left the mediation thanking the mediator for helping them reached a resolution without having to go back to court. The mediator played a crucial role in creating a safe and supportive environment for both women and Julio. The mediation process helped them to develop a deeper understanding and empathy towards each other's situations, leading to a more positive and productive conversation that allowed for a fair and reasonable agreement to be reached.
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