STORY 7

I mediated with a builder/ developer and the government warranty provider over building and construction defects in a new home.

First we were asked to sign confidentiality agreements sent by the mediator. I was without a lawyer, but had a friend come with us – however they were told to leave partway through. This felt unfair since it is not easy to understand the legal language and rules.  A big part of the problem is access to the legal system. I felt like the lawyers on the other side were just trading us in for a deal that they could collect their fee for. You end up getting bullied, and no one is going to tell you right from wrong.

 My wife and I had had a very difficult and acrimonious time with the builder and really wanted a settlement to out this behind us. We got to the point that we would basically do anything to get out of this mess with these untouchable people who had all the money and resources on their side. It felt very unfair for us to be under such pressure.

In the end we signed an NDA in exchange for a small settlement. The NDA said we could not say anything about the existence or the terms of the agreement which meant we could do speak to anyone about the construction defects they compensated us (in a small way) for. We also promised not to make any negative or disparaging remarks about the builder, or to join in any legal action by anyone else against the builder.