PRINCIPLES OF MEDIATION AT THE BHA

Mediation contains the following set of principles which can assist parties to reach an agreement about a dispute. Mediation is:

• VOLUNTARY: All parties must agree to participate. Any party can call the mediation off at any time.
• CONFIDENTIAL: Nothing that happens during the session will be reported to anyone. Only the Agreement is "public information".
• THE GOAL: is to assist the parties to reach an acceptable solution for the concerns at hand.
• THE AGREEMENT: is decided by the parties themselves in their own words. The mediator will write it down; both parties will sign it.
• THIS IS YOUR PROCESS: Mediators are volunteers trained to help you find your own solutions. They are not judges. They will NOT take sides or decide who is "right" and who is "wrong." You determine the outcome. Your agreement will be subject to review by the BHA legal department to assure compliance with the BHA policy and applicable laws.
• MONITORING: The BHA will monitor the agreement to ensure success.

Pre-Session Procedures

1) Any employee or resident may refer a case to the Mediation Program. Housing Managers and Department Heads are encouraged to consult with their supervisor and the Legal Department when deciding whether to refer a case to mediation.
2) The development where the dispute arose must contact the parties, briefly explain the program and make a preliminary determination that they will voluntarily participate in the mediation process.
3) Once the disputing parties have been contacted, the Mediation Referral Form must be completed and sent to the Mediation Program Coordinator.
4) A Case Coordinator will be assigned to each case. This person will be present at the session and act as a liaison between the parties, the mediators and the BHA. The Coordinator will be present at the session and must ensure that the program office is advised of all developments in the case.
5) The Case Coordinator will open a case, contact the parties, assign mediators and schedule a mediation session. In all cases where mediation is not successful regardless of the reason, the referring development will be notified and the case will be closed. The Program file will contain all original documents.
6) A referring individual cannot serve as mediator in a case arising from his/her development or department.

Mediation Session

1) Parties will receive a brief explanation of the session. All parties must sign the Agreement To Mediate, before the session can proceed.
2) A party can withdraw from participation at any time.
3) If an Agreement is reached, it must be written on the Agreement form. Each party receives a copy of the Agreement.
4) All Agreements remain subject to the approval of the BHA Legal Department to ensure compliance with state and federal laws and regulations and BHA policies and procedures.

Post Mediation Session

1) The Mediation Status Report form must be completed by the Case Coordinator and sent to the development where the dispute arose with a copy of the Agreement, if one was reached. A copy will be placed in the resident file of each party to the Agreement.
2) The Case Coordinator must follow up with parties to ensure compliance one month after the Agreement is reached unless the Agreement states otherwise.

Cases Which Cannot Be Submitted To Mediation

The BHA Mediation Program may refuse to facilitate mediation in some cases. In particular, cases involving violations of M.G.L. Ch. 139 s 19 may be excluded. This includes residents who use their apartment for prostitution, assignation, lewdness, illegal gaming, the illegal keeping or sale of alcoholic beverages, the illegal keeping, sale or manufacture of controlled substances, the illegal keeping of a weapon or incendiary devices. In addition, the commission of a criminal act involving the use or threatened use of force or violence, against a BHA employee, resident or anyone lawfully on BHA property will be grounds for exclusion. Cases involving domestic violence between residents will also be excluded.

TRY MEDIATION…IT WORKS

Please call Tobey Wiggins, at (617) 988-4091 if you have any questions regarding the mediation process at the Boston Housing Authority or email Mediation@BostonHousing.org.