Preserve Strong Communities with Housing Mediation

Parties in an eviction case were referred to mediation. During initial statements, Connie outlined that she held power of attorney for her aunt, April. April had been in a nursing home for over a year following a stroke and would never be able to return home to her condo. April needed to sell her condo, to help support her living expenses and medical care going forward.

The other parties to the mediation were Karina, also a niece of April (and Connie’s first cousin) and Karina’s young adult son, Sam. Karina and Sam had been living with April for eight years but had not continued to pay the mortgage once April was in a nursing home. The condo was in foreclosure and Connie asked Karina and Sam four months ago to leave so that she could sell the condo for April. Karina and Sam refused to leave or make the mortgage payments. Connie sent Karina and Sam an eviction notice one month ago to demonstrate that she was serious.

It was clear that Connie was adamant about evicting Karina and Sam. She was “the responsible one” and was tired of dealing with her cousin who she found to be irresponsible, untrustworthy and uncaring. Communication between the parties had been poor, with Karina and Sam blowing off the few attempts Connie made to discuss this situation. Once Karina and Sam received the eviction order they made a few last-minute efforts to look into financial help. Karina was overwhelmed. She had a new job, money was tight, and she could not calmly discuss the situation with her son. She felt totally bulldozed by him, unable to find her own voice.

As the discussion proceeded, both Connie and Karina softened. Sam, however, was steadfast in his resolve not to move out and furthermore stated that he intended to buy the condo. He was angry and grandiose. Karina could acknowledge that the condo needed to be sold and that she therefore needed to move out. Connie could understand that it would take a few months for Karina to find a new apartment. Karina agreed to be responsible for paying the previous condo association dues and to cover the mortgage going forward, without having a guarantee that her son would help. Through the mediation process, it also came to light that Karina and Sam had essentially been living rent free for the past eight years, and had no formal agreement with April. Karina understood, and she wanted to take responsibility.

Although Connie and Karina agreed on a three-month move out plan and a payment plan, there were still some remaining issues. The agreement did not include Sam, as it was not clear if he would move out. If he did not, Connie would need to file a separate eviction order.

By the end of the mediation, Connie and Karina had progressed from barely speaking to each other in angry and condescending tones to chitchatting together and catching up as the session ended. They concluded the mediation with the hope of being able to sustain their ability to communicate cordially as they continue to face more challenges as a family.