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
Fence
Mediators Usually Help Disputants See the Whole Fence – Not Just Their Own Side of It.
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…
When Fencing … Touch! You can not … Thrust.
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…
Title & Fence Lines: Should Your Surveyor Get them Both?
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.
Survey Says the Fence Encroaches – Now What?
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:
- Who
…