s an article on the subject.
Pass it on:
The problem:
Two neighbors are at an impasse
over one of the neighbors trees that the other neighbor finds unsightly, scary
and messy. The first neighbor, call him
Neighbor A, refuses to hear anything the other neighbor, Neighbor B, says about
his trees. He planted them twenty years ago for privacy and shade and they are
doing the job. If they drop limbs on
Neighbor B’s property, he can just pick them up and consider it free firewood.
And no, he will not consider
cutting down these trees and planting something shorter, cleaner and neater,
even if Neighbor B offers to pay half.
What to do? If Neighbor B truly feels Neighbor A’s trees
are a hazard (the limbs they drop are huge and he fears for the well being of
his dog, his kids, his wife and himself) or even just a nuisance (he’s tired of
picking up debris and having half his yard in shade), he may well hire an
attorney and write Neighbor A a threatening letter. If Neighbor A ignores it,
the two may find themselves in court, with costly attorneys and experts and
staring at a long, grueling legal battle that will ensure there is never any
good will between these two neighbors again. One may even end up moving away
just to avoid the “despot” next door.
Fears and accusations of
harassment, name calling, hang up phone calls, even tree damage or poisoning
may well ensue.
The solution:
How to avoid all this?
Try mediation first, before you
resort to legal action. But not just any
mediation. Because even in mediation,
positions can harden and experts can argue, until an impasse forces the parties
into court anyway.
Try Tree Dispute Resolution with
an experienced neutral tree expert, who works side by side with a neutral attorney
mediator.
Litigation is costly, especially
if each side is forced to hire attorneys and experts, pay court fees, attend
endless depositions and fill out countless paperwork. Try mediation instead. We work with you to
solve the thorny problems that come between neighbors, their trees and their
views. We help you deal with hazard
trees and nuisances. What is unique to
our service is a trained neutral consulting arborist provides expert assistance
in finding the right solution for your situation. Our goal is to keep trees and relationships
healthy and thriving.
Here is what one lawyer said about
the use of neutral experts in mediation:
The expert is jointly hired by both sides and
the cost is shared equally by both sides. The expert’s role is to openly
provide independent, neutral expert information and analysis to both side and
more so, to the process as a whole. The non-aligned expert becomes a mutual
asset and a resource for all parties in developing options for settlement.
Shared costs. Shared usage. Heightened value.
The joint use of a neutral, independent expert is a beautiful thing: The client
pays less money and gets more value. And the experts find it liberating and
freeing, allowing them to do their best work. (Michael Zeytoonian, http://www.disputeresolutioncounsel.com/2009/06/using-neutral-experts-in-mediation/#more-81)
Take your tree
dispute to mediation instead of court.
Use trained, experienced neutrals, including a consulting arborist/urban
forester with more than twenty five years experience helping people with the
same issues facing you now. Share the
cost of having an attorney-mediator and neutral expert serve you, and help
solve those thorny problems.
Save time, save
money, save your relationship with the neighbors.
Try mediation
first.
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