Mediator spits the dumby

[Glenn]

Is it just me or have some of you members noticed that some mediators are getting a bit difficult to deal with.
I have had a few mediations in the last 12 months where the mediator took a strong anti landlord view.
They start off by rattling off their little chant about not taking sides then immediatly start creating their own interpetation of the law.
I have had a few cases where the tenant and I have agreed but the mediator would not listen. One I chanted the tenant and landlord agree to this solution and it is your job to write it that way. Two of the mediators wanted to bully me into saying that because the tenant paid half way through a rent period (late of course) the arrears only go to the day they pay and not the end of the current rent period. Like they demanded to make a broken rent period so the rent of say $300 per week was 3 weeks and 4 days in arrears instead of say 4 weeks in arrears. My most recent mediation carried on after the tenant went off the line. The mediator and I continued to talk and her solution was to say it would have to be up to the adjudicator to decide. You should have seen the resulting mediators order. It had no resemblance to what the tenant had offered and I agreed. The tenant had offered to pay the regular rent and then start two weeks out paying the regular rent plus $100 extra. Well the order said nothing about the next weeks payment but just said the tenant would be paying $50 without even mentioning the regular rent payments which she pays fortnightly.

So rant off. Has anyone else been having this experience.

[essence]

I'm had a fairly interesting case recently whereby I asked for a Stay of Proceedings on the Adjudication.

The tenant lied in the hearing, I could prove he lied, I told the Adjudicator that, Adjudicator ruled in his favour. WYF!

I lost the SOP. The Adjudicator who heard the SOP was the Adjudicator I was complaining about!!! Talk about a conflict of interest.

I'm now in the process of complaining to the Principal Adjudicator.

[Keys]

It will only get worse.

[Glenn]

It will only get worse.

What do you mean by that.
The worst mediators are the ones that justify every non complying rule with "I have been doing this for many years".
So does your comment mean that DBH will get rid of the younger mediators who read the RTA and keep all the old ones that do not need to read it they know it all.
Despite all the groans about the tribunal process being slow my experience is I seem to be getting rapid service for most of the applications where the need exists.
The non urgent cases are most certainly taking much longer than they did in the past.
Of course what DBH do not know is what happens after an application is made and before the hearing.

[Keys]

I mean, with the departments combining of staffing and facilities in cost cutting measures by the National Party, things are more than likely (on the balance of probabilities) to get worse.

[cube]

My mediation recently went well - the only stuff up was that the mediator wrote that the tenant would start paying arrears this week instead of next, so when nothing came through I contacted the tenant to be reminded of the dates (I had a suspicion, but couldn't recall so only had the mediator's order to go on). Turns out that the tenant recorded the call (there's a tip!), and had contacted tenancy services to correct the error, but no one had told me

[Keys]

Turns out that the tenant recorded the call (there's a tip!),

and unlawful for those thinking of doing it.

[Perry]

It's been discussed before, at length. This business
of recording calls. How many times have you phoned
someplace to be told by a canned announcement
that your call is being recorded? And given no choice
about the matter!

[Keys]

Indeed, that is allowed. However, the RTA states that mediation is to be confidential. Therefore, no recording devices can be used. This applies to mediation only. I use recording devices often with phone calls which was very advantaegous with my EQ claims as we had accurate records. As long as you are a party to the conversation, you can record.

The RTA prohibits that for mediation hearings by implication that the hearings are to be confidential which is legislated thus.

[cube]

Interesting - but who would police it and impose penalties?

[Perry]

Or, if the recorded details were
used only amongst the parties
to the mediation hearing? There
could be no breach of confiden-
tiality in that case, could there?

[cube]

But if that recording is used later in front of someone not party to the mediation - e.g. the TT adjudicator?

[Glenn]

Interesting - but who would police it and impose penalties?

On the issue of mediations being confidential.
The adjudicators often ask searching questions about mediations. Like how come this matter was not sorted at mediation.
I have heard the following "I know that mediations are confidential but..."
Being confidential works in our favour most of the time. I have had a few tenants ask for a stay of preceedings when the bailiff comes knocking with an eviction order.
I have never had an eviction over turned when the order was done at mediation.
Occassionally tenants will say this and that was said. Every time they run up against the "confidential" fence.

[Perry]

But if that recording is used later in front of someone not party to the mediation - e.g. the TT adjudicator?

Is the other party the mediator? I suggest 'no.' The
other party is the DBH in all it's hydra-headed forms.
Isn't the mediator - in effect - a lower level part of
the TT, if mediation orders are sealed by the TT?

Just as the TT is a sub-part of the District Court,
are not the TT (or Disputes Unobunal) District,
High and Supreme Court all parts of the very same
judicial system hierarchy?