Tiffany Bond  🦞 🇺🇸Verified account

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.

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.

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.