Is it appropriate to advocate in mediation? This seems to be a very loaded question. The Uniform Mediation Act at bedrock is undergirded with the idea that mediators are there to facilitate a process. The claim then is that the parties are the experts at the conflict and the mediator is the expert in the
As someone who has been focusing on boundary law almost exclusively for the last 5 years, I have come to understand that in a conflict there are always (proverbially speaking) “two sides to the fence.” I think this language, or perhaps “two sides to a coin” help people to more concretely understand the concept that…
Recently, I was involved in a mediation which raised an important point about what to do when you are putting up a fence. I thought I would take a moment to spell out some basics so that you don’t end up with a mess ten years down the road.
The overarching point is spelled out…
The situation is this. You are about to hire a surveyor. You should anticipate the possibility that the surveyor will determine a boundary which is contrary to your understanding of the use and occupation on the ground.
There are several reasons for seeeking this upfront clarity … and contingency planning when contracting with your surveyor.
Your survey indicates that the fence encroaches your way; your neighbor’s survey indicates that the fence encroaches in their direction; or perhaps you split the cost of a survey and you found that the fence encroaches one way or another … what should be done now?
First try to find out the following facts: