Wednesday, August 5, 2015

Cases Regarding Money Issues

A lot of the cases I saw at Legal Aid involved debts.  These cases ranged from bankruptcy to underlying landlord tenant issues/divorces.  In many of these cases my experience working in the Small Claims Mediation Clinic two summers ago proved very helpful.  Thanks to my experience at the courthouse I knew the process a client goes through when he or she goes through the small claims process.  Most clients are not aware that they will be placed in mediation before they see the judge.  I always made sure to make an effort to describe the process and benefits of mediation.  Often this gave clients some comfort going into a small claims dispute.  One example: a woman who had no income except disability and government support had to go to small claims for a $300 bill owed to EWEB. I told her she was judgement proof and merely had to file an answer, show up, and tell the debt collector at mediation that she was judgement proof.  Most likely the debt collector would have no other choice but to forgive the debt.  This kind of assurance ensured that she filed an answer instead of trying to avoid the whole situation.  I also encouraged other clients to come into mediation with a BATNA and a WATNA.  Sometimes I spent a little extra time to walk the client through questions he or she might be asked at mediation and coached him or her on how to effectively communicate interests.

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