So for 1...you have to detail "actual" denial. This isn't theoretical or maybe. If there is an alternative, even if cumbersome, inconvenient, or otherwise prohibitive, there is an argument to made that it's not actual denial.
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It's not clear whether or not the owner can simply ignore your request. The burden again falls on the disabled person to move this forward and they wouldn't even know if they are being ignored for at least 60 days.
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I feel a vicious circle coming on here. Right now it doesn't say you have to have made a verbal or other request, & theoretically you should only have to make one request.Last thought before I move on to mediation - if you are indigent and disabled, good luck with this process. What if you don't have a mailing address?
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Final section is mediation. Let me start with how much I love mediation in a general sense. It can save costs and lead to much greater outcomes. We have mandatory mediation in many types of cases in Maine.pic.twitter.com/pQDDJIVc3L
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Mediation can be protective for the more vulnerable party. For example, we have foreclosure diversion mediation in Maine that gives people a chance to understand the financial issues related to their specific loan problems, slowing down the process for homeowner benefit.
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However, mediation does not always protect the more vulnerable party. Again, we haven't been given any clarity as to how, when or with what budget this ADR program will be developed. Are we going to end up with someone like
@dkenty putting this together or a wedding planner?Show this thread -
A stay of discovery is often not appropriate in mediation/ADR. Discovery is where you exchange documents related to the case. It certainly can get expensive to do so..it also provides necessary information to be able to fully mediate a case.
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I don't think federal law should specify that discovery is stayed, and certainly not before the ADR process is developed. The benefit for this is almost entirely to the owner/operator. It gives them the ability to hide documents that would show bad behavior during mediation.
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The disabled person would *want* to show their attempts to rectify the situation. The owner/operator would *not want* to be compelled to show that information, particularly if they are acting in bad faith.
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They *might* have a public comment period, or not, and we don't know for how long, where, how, or if this information will be available. Seriously, WHO WROTE THIS? It's written like YA fiction, all light and fluffy but to make you feel like you are reading a deep book.
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The last few sentences make it clear to me this bill really protects repeat offenders and puts the burden on the disabled. Mediation is less costly, but also less public. Very little is published from mediation, which is generally confidential.
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It also looks like the process will require determining "relevant facts" & "steps taken before the commencement of litigation"...which loosely translates into these cases taking a really, really, REALLY long time, where the disabled person is denied access & has the most burden.
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Final thoughts - this bill inflicts a *lot* of damage for 4 substantive pages. It's sloppy and light, with the lack of specificity to the detriment of those in society who can least afford it. If your legislator voted for this, call them and ask why. It's a bad bill.
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You have a representative who did not read, does not understand unintended consequences of legislation, or *wants* this. All of those are problems. There is nothing urgent about this 1990 law needing repair so desperately as to cause such sloppy work.
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Remember that right now we have exactly the government we deserve. If that doesn't work for you, choose different Get educated. Get involved. Ask questions. Challenge your representatives. Vote wisely. Deserve the government we want. /end
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