Mediation is an alternative way to resolve disputes
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Q: I filed a claim in small claims court. I have been told that before my trial I will have to mediate the case. What is this? Do I have to do it? How much does it cost?
A: In most small claims courts, before hearing a case the judge will ask the parties to "mediate" their dispute.
Mediation is a form of alternative dispute resolution that gives the parties an opportunity to work things out before a trial. The mediation is conducted by a trained mediator, and is designed to try to help the parties reach a mutually agreeable settlement.
If the parties cannot agree, the matter will proceed to trial. The mediator cannot force the parties to settle.
In my opinion, mediation is always a good idea. It does not cost anything, and settling a claim is almost always better than taking the chance on a trial.
Q: I recently moved into a new apartment. A neighbor told me that the former tenant has a key to the apartment. I asked the landlord to change the lock and he refused. He told me I could do it myself as long as I gave him a key. This doesn't seem fair. Why should I have to pay for this?
A: Assuming your lock has never been changed, you should not have to pay to have it changed or re-keyed. Under the law, a tenant is entitled to have an apartment lock changed, or re-keyed, as often as the tenant wants. The first time a lock is changed or re-keyed, the landlord must bear the cost of the change. After that, the landlord must make the change, however, he has the right to charge the tenant for any costs incurred.
Based on what you say, your landlord must change the lock or re-key it and cannot charge you. I suggest you speak with the landlord and let him know you expect him to do what the law requires.
Q: I have been married for six years. We have two young children. My husband left us and I am going to file for divorce. I stopped work when we got married, and I am worried I am going to have trouble finding a job. Can I collect alimony and support until I can find a job?
A: A court may order your husband to pay child support, at least until your children reach the age of 18.
In Texas, however, the award of post-divorce alimony is very limited. Basically, alimony, referred to in Texas as "maintenance," is authorized only in two cases. First, maintenance may be awarded if you have been married for more than 10 years and are unable to support yourself or your children.
Second, you may get maintenance if your husband has committed a criminal offense that also constitutes an act of family violence within two years of when you are divorced. Even when maintenance is awarded, it will be for only as long as necessary, generally not for longer than three years.
It doesn't sound like you will be entitled to alimony, but the property division in the divorce may provide some relief while you look for a job. I suggest you promptly contact a family law attorney and speak with him or her about your options.
I continue to receive many e-mails from consumers having trouble resolving disputes. The problems concern everything from landlords, to mechanics, car dealers and debt collectors. If you have a consumer dispute and need assistance, the best solution may be the Texas Consumer Complaint Center, at the University of Houston Law Center. You may contact them at www.texasccc.com, or 877-839-8422.
Richard Aldermann, a consumer advocate popularly known as "the People's Lawyer," is a professor at the University of Houston Law School in Houston. His column appears weekly in the Victoria Advocate. Write to him at UH Law Center, Houston, Texas 77204-6391. He also maintains a Web page at www.peopleslawyer.net.
