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Mediation and other ways of conflict resolution Name and surname: MEDIATION BETWEEN NEIGHBORS Albert lives alone in the apartment 4A of Calle Getafe, in Madrid. He is 30 years old and he has a Law degree. He belongs to the Madrid Bar Association and works as a lawyer, using his own home as an office. Although he is doing pretty well in this job, he is studying in order to take the official exam for Clerks, because he is looking for professional and economical stability that his current job cannot guarantee. He is studying around six hours per day, whenever he does not have to go to the Courts or meet clients. Right above Alberto’s home, in apartment 5A, there live John and Anna, who are 50 and 48 years old respectively. They have two children, Daisy, 23 years old, and George, 20 years old. Both John and Anna work and they spend most of the day out of home, returning at around 20:00. Daisy is studying journalism and returns from University at around 14:00 every day, while George is currently training in order to be admitted in the Conservatory of Madrid, where he wishes to train as a violinist. Daisy has a small gym in her room and spends at least two hours every afternoon working out, including an hour during which she runs on the treadmill – an activity which she accompanies with her favorite music, on considerable volume. George, on the other hand, spends all day studying the violin, since for him succeeding in the Conservatory exams is fundamental. Albert is desperate because of the noise caused by his bothersome neighbors: not only do they disturb him while he is meeting his clients, but they also forbid him to focus on his studying. He has knocked on his neighbors’ door several times, asking
Mediation and other ways of conflict resolution them to try and make less noise. At the beginning he did so very kindly and with good manners, then directly talking to the parents, John and Anna, but seeing his wishes completely ignored he has lost his nerve and the tone of the conversation has started to rise, until a point where there have even been personal insults and threats. Before going to the Courts, and given the escalation of the conflict, they have decided to go to a mediator, in order to try and find a solution. You are the mediator in charge of their case. Your task consists in using the techniques we have learnt, considering the parties’ statements. ALBERT.- This situation started a long time ago, I am really desperate. There is not a single day in which I can rest, not even weekends, the noise is unbearable and it practically goes on all day long, I no longer know what to do. I have asked them a million times that they stop making noise, I have tried to make them understand that there are more people living in the same building and that they are not respecting us. At first, they would agree, they would say that they’d try, but that they also lived there and that they had rights, too. The truth is that they have never paid any attention to what I said, they have always ignored me, and they kept doing their things as if they were the only ones living there. No respect for the time of others, no respect for the rights of the other neighbors and, on top of this, they don’t even open the door anymore when I know to complain about the noise. It is completely shameful; I have actually even had several serious arguments with the parents, because, instead of drawing their attention on the need to stop making noise and try to solve the problem, they are always finding excuses for them. They even tell me that I need to understand them, that they like music and they also have rights; they call me neurotic, this is too much for me to take! I really don’t know what to do, but this is affecting me a great deal, not only because of my job – my clients have complained more than once of the unbearable noises, mind you – but also because this does
Mediation and other ways of conflict resolution Normalization ALBERT.- This is unbelievable, so now it seems I am the problem, like I am insane or something. What they are not seeing is that it is their children driving me mad, with all the noise they are continuously making. MEDIATOR Recognition of others ALBERT.- I had no idea that this kid was preparing to enter the Conservatory; as far as the girl is concerned, it really is during only part of the day that she disturbs with the treadmill. But honestly, the thing is that they are really causing me some serious trouble. JOHN and ANNA.- See! See how insanely he behaves, he is neurotic, and he has no manners, he has lost his temper more than once and he has started to act like a lunatic. My children area young, they like music and sports, just like every kid their age, and you know what? If they are being noisy, it’s not because they like it, they have duties to comply with. MEDIATOR Rephrasing JOHN and ANNA.- We would definitely like him to understand them, it is unbelievable, to think that he is also a young man!
Mediation and other ways of conflict resolution MEDIATOR Rephrasing ALBERT.- Yes, the truth is that…yes. But what I want in reality is a solution, I cannot go on like this, I cannot study, not even for one hour a day without interruptions; there are even times when I am with my clients and it is hard for me to listen to what they are telling me. JOHN and ANNA.- Ok, we can understand that sometimes the noise caused by our children might bother him, but he also needs to understand that both our children are experiencing specific situations. MEDIATOR Focus to the future JOHN and ANNA.- We could try and talk to our children, so that they make every effort possible to reduce noises. ALBERT.- I will try to be more compromising, but I think that we could agree on some specific hours per day in which each could keep complying with their duties and rights, without interfering in those of others.
