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Column: Socially distant mediation can aid landlord, tenant

JAMM AQUINO / JAQUINO@STARADVERTISER.COM
                                The ticketing counter of Regal Cinemas is seen closed on Friday at Pearl Highlands Center in Pearl City. Most retailers are having difficulty paying rent, while landlords are hoping restrictions on retailers are lifted.

JAMM AQUINO / JAQUINO@STARADVERTISER.COM

The ticketing counter of Regal Cinemas is seen closed on Friday at Pearl Highlands Center in Pearl City. Most retailers are having difficulty paying rent, while landlords are hoping restrictions on retailers are lifted.

Two recent “Island Voices” columnists — Gerald Clay on April 12, and Thomas DeGrazia on April 16 — appealed for safe, civil and mutually respectful mediation in the face of chaos, descent to war, and other very scary dystopias.

We agree.

A time of pandemic and social distancing, however, poses unique challenges for those offering to mediate in the face of novel disputes, not just novel viruses.

These days, mediators need to help people without hope to see ways forward; families to find safety in the face of abuse; financially bereft citizens to know security; disputants frustrated by fear, uncertainty and doubt to seek compromises. And, mediators need to offer their services in nontraditional places.

Today, when people must agree and don’t want to, or don’t know how to, they need mediators who can help them figure out what they need to do, where the people in need are, and in observance of responsible distancing norms.

Here is an example of doing exactly this:

The five Hawaii community mediation centers (Ku‘ikahi Mediation Center and West Hawaii Mediation Center on Hawaii island, Kauai Economic Mediation Center, Maui Mediation Services, and The Mediation Center of the Pacific on Oahu) are now offering mediation services by phone and videoconference to help people resolve their differences while practicing social distancing. These techniques allow mediators to host all the many mediations that Clay and DeGrazia rightly point out must continue even in today’s unique setting.

But one particular distressing situation ripe for mediation is the regrettable plight landowners and tenants find themselves in today. With thousands of layoffs and furloughs, tenants are stretched to pay their rent, and property owners are worried about how they will pay their mortgage and other bills. If owners and tenants do not talk and work out payment plans, they may find themselves in bitter disputes frustrated by a back-logged eviction process now and then later when the stay-at-home moratorium is lifted.

In response, the five mediation centers recently created a joint “Rapid Response Owner-Tenant Mediation Program.” Using videoconference, telephone or a secure online platform, an impartial mediator helps owners and tenants discuss options, such as payment plans, temporary rent reduction, deferred payments, and other creative solutions. The goal is finding a way for owners to receive some fair level of payment that also lets tenants stay at home.

The incentive to compromise is clear: Making a plan, even a temporary one, can help relieve fear, uncertainty, and doubt about the future.

The community mediation centers are providing the owner-tenant mediation services at no cost to the participants.

Mediation cannot solve all problems. But even during a pandemic, mediators need to — and can — use safe, civil, and respectful ways to solve conflicts and take their services, socially distanced, directly to people who want these services, wherever they are.

OWNER-TENANT HELP

To schedule a mediation, enroll in the “Rapid Response Owner-Tenant Mediation Program,” or obtain more information, contact the community mediation center on your island:

>> Ku‘ikahi Mediation Center: 808-935-7844

>> West Hawaii Mediation Center: 808-885-5525

>> Kauai Economic Mediation Center: 808-245-4077

>> Maui Mediation Services: 808-244-5744

>> The Mediation Center of the Pacific: 808-521-6767


Tracey Wiltgen is executive director of The Mediation Center of the Pacific and visiting associate faculty specialist at the William S. Richardson School of Law; Tom Mitrano is a mediator and conflict resolution consultant.


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