Tiffany Bond  🦞 🇺🇸Verified account

5. Sometimes a barrier will be obviously permanent or temporary, sometimes it's not. There isn't language for "if known" - so it's on a disabled person, who may or may not have the capacity to determine this information, to declare this information. Not properly identified?

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.

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?

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.

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?

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.

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.