Arbor Mediaton
Good trees don’t always make good neighbors. We’d like to think so, but “boundary trees” located on or near property lines can cause conflict. While you may love your old shade tree, your neighbor may dislike falling litter, a cracked driveway, or the risk posed by falling limbs. A tree’s roots and branches may extend far into adjacent yards in urban areas. Heated disagreements about how to manage trees are common and often emotional. Different ideas abound about what constitutes proper trimming, sometimes with little regard to tree health or standards. Others think trees shouldn't be pruned at all. And oh yes - who’s going to pay for it?
Mature trees can be appraised at tens of thousands of dollars, but no one enjoys suing a neighbor. When heels are dug in, litigation can feel like the only option to protect a tree, or force one to be removed if it threatens life and property. Court battles are expensive and time consuming. Winning is not assured, but hating your neighbor is likely. There is another way - arbor mediation.
Mediation is an alternative dispute resolution process facilitated by an impartial mediator, preferably two co-mediators. It is a voluntary process, and private: many state court systems consider the content of mediation sessions to be entirely confidential should the dispute eventually land in court. Most court battles will be decided by a judge based on the law. There is little room for negotiation or attention to solutions that consider the long term health of trees. Settlements still involve lawyers and tough tactics. Mediation, on the other hand, puts control of the outcome back into the hands of both parties. Neither side will get everything they want, but an agreement both can live with is possible.
An “arbor mediator” is neutral, representing neither side, and is credentialed in the techniques of the mediation process through formal training. Tree care or risk mitigation options are brought to the table for both parties to consider based on sound arboricultural practices. Ultimately the parties arrive at their own agreement, assisted and drawn up by our team.
Mediation can be a welcome, more civil option that helps neighbors in conflict to move on. Time, money, dignity, and trees can be saved. Arbor mediation helps preserve trees as well as relationships.
Mature trees can be appraised at tens of thousands of dollars, but no one enjoys suing a neighbor. When heels are dug in, litigation can feel like the only option to protect a tree, or force one to be removed if it threatens life and property. Court battles are expensive and time consuming. Winning is not assured, but hating your neighbor is likely. There is another way - arbor mediation.
Mediation is an alternative dispute resolution process facilitated by an impartial mediator, preferably two co-mediators. It is a voluntary process, and private: many state court systems consider the content of mediation sessions to be entirely confidential should the dispute eventually land in court. Most court battles will be decided by a judge based on the law. There is little room for negotiation or attention to solutions that consider the long term health of trees. Settlements still involve lawyers and tough tactics. Mediation, on the other hand, puts control of the outcome back into the hands of both parties. Neither side will get everything they want, but an agreement both can live with is possible.
An “arbor mediator” is neutral, representing neither side, and is credentialed in the techniques of the mediation process through formal training. Tree care or risk mitigation options are brought to the table for both parties to consider based on sound arboricultural practices. Ultimately the parties arrive at their own agreement, assisted and drawn up by our team.
Mediation can be a welcome, more civil option that helps neighbors in conflict to move on. Time, money, dignity, and trees can be saved. Arbor mediation helps preserve trees as well as relationships.
Douglas Still, Tree Consultant and Mediator phone 718.440.6293 email doug@thisoldtree.net