Fourbecameeight Posted June 9, 2011 Share Posted June 9, 2011 (edited) Has anyone ever been involved in council mediation? Back in Aug 2009 I posted this about my neighbours Neighbours- advice needed It’s still ongoing and when we got back from holiday there was a letter from the council about the complaint she had raised but because there wasn’t a smell or noise problem there was nothing they could do so were offering mediation. We have agreed to mediation but just wondered if anyone had any experience. She is very aggressive and used to getting her own way but she is an old ill lady. We have always offered to do anything except kill our pets or move the WIR. There are other people in our road now who have chickens so I don’t think us getting rid of them would help. She has also had test results that have been negative for chickens but they covered themselves by saying the only way to be sure would be to remove them. Any advice welcome Edited June 9, 2011 by Guest Quote Link to comment Share on other sites More sharing options...
Ain't Nobody Here Posted June 9, 2011 Share Posted June 9, 2011 I can't believe this is still on-going . Reading back over your thread, it really sounds like she doesn't have a leg to stand on, especially as her test results are negative for chickens. I have no experience of mediation, but if you arm yourself with all the facts I can't imagine she'll get anywhere as all her arguments are nonsense. Is there any chance of speaking to the husband and trying to get him to persuade her to drop it? Good luck, it must be so stressful living with this for such a long time . Quote Link to comment Share on other sites More sharing options...
Margaret Posted June 9, 2011 Share Posted June 9, 2011 Cant really help, but just wanted to say I do hope it all goes well as remember the postings from a few years ago. Also I am a Chronic Asthmatic and cope fine, just cover nose and mouth when doing the WIR big clean. Have no problems with them regarding not being able to breath etc when holding them. Good luck, sorry but she sound a right old bat. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted June 9, 2011 Share Posted June 9, 2011 Gosh. If you stay calm, state the facts, arm yourself with pictures of the set up, and presumably there will be an Environmental Health report somewhere, you should be fine I'd say ... especially if she shows herself up. The facts that no-one else has complained, and that other neighbours have chickens must go in your favour. Shame that the old dear is ill,, but ...... Good luck. Quote Link to comment Share on other sites More sharing options...
Chucky Mama Posted June 9, 2011 Share Posted June 9, 2011 Maybe she should move away for a while somewhere chicken free to test her theory Quote Link to comment Share on other sites More sharing options...
Forestchook Posted June 9, 2011 Share Posted June 9, 2011 Hi, Sorry you are having problems with your neighbour. I'm an asthmatic and have no problems with my chooks. Even now when I have four chicks in the house who are generating huge quantities of dust the worst I am getting is a runny nose, my breathing is not affected. I was just wondering if your chickens had a holiday home while you were away? Or did you have someone come in and check on them/ look after them in situ? If there were on holiday when you were she should have seen an improvement, shouldn't she? If they were in situ while you were away could you arrange for them to have a holiday making sure it was without her knowledge? That would hole her argument nicely. Of course there would be the risk it could prove her point too. I'm afraid I can nothelp with the mediation although (and someone else may advise differently here) I would raise the question of whether she was actually taking her meds. She has obviously given you reason to question this so I don't think its unfair to do so. Good luck, i'm sure you'll do fine. N Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted June 9, 2011 Share Posted June 9, 2011 She would have no chance of getting a neighbour to get rid of ther cat/dog/bunny,so why should hens be any different? Obviously as mad as snakes & i am sure the council will see right through her too. Good luck Quote Link to comment Share on other sites More sharing options...
witzend Posted June 9, 2011 Share Posted June 9, 2011 I agree with someone further up - take lots of pictures/facts etc - maybe even smuggle in a chook(!) PS - snakes are not mad!! - so speaks a breeder!!!!! Quote Link to comment Share on other sites More sharing options...
Fourbecameeight Posted June 9, 2011 Author Share Posted June 9, 2011 Thank you for all the replies. My very kind friend looks after all the animals when we were away so they can stay at home. So that wouldn’t have made a difference but my neighbour said her asthma got better when she went on holiday. It’s really upsetting and seems to be going on forever. We lost two of our original girls and the last remaining ex-batt last week. All on different days, two PTS and one died on the way to the vet. It seems really strange only having five. We will get some more but I might wait until after the mediation has finished. Can they make me get rid of them? Quote Link to comment Share on other sites More sharing options...
Mulberry Posted June 9, 2011 Share Posted June 9, 2011 Hello Fourbecameeight I would suggest that you bone up as much as you can before the mediation meeting. The purpose of that meeting will be to get a mutually agreed resolution - which may not be easy from what you say. From a casual Google there appear to be a number of instances of disputes in this territory and for example Waverley Council has issued some guidelines (see link). It may be worth while giving the Environmental Health department a call to find out if this is something they have experience of and how they view matters, or have issued guidlines. Given you discussed this before installing the WIR must be in your favour? http://www.waverley.nsw.gov.au/building_and_development/health_and_environmental_regulations/housing_of_poultry? Good luck! Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted June 9, 2011 Share Posted June 9, 2011 I agree with Mulberry's post - I work with several mediators. This site may help you Quote Link to comment Share on other sites More sharing options...
witzend Posted June 9, 2011 Share Posted June 9, 2011 just a thought - is it the chickens themselves or the dust they're scratching up from whatever the substrate is?? If her problems lessen when the chickens aren't there, perhaps there's less dust??? Quote Link to comment Share on other sites More sharing options...
migsy Posted June 9, 2011 Share Posted June 9, 2011 Your neighbour sounds neurotic. I don't see how anyone would think that by keeping a few chickens in the garden you could make her ill. I'd be tempted not to go to the meeting at all. Sometimes it is best not to engage in nonsense and try to ignore her. Engaging can fire things up more. If Env Health have no problem then I think that you need not worry any more. You won't change this lady - IMHO I think you just need to accept that she is a bit nutty. I don't envy you though! Quote Link to comment Share on other sites More sharing options...
Chucky Mama Posted June 9, 2011 Share Posted June 9, 2011 Your neighbour may have been better when she was away because she was away from her house. The house itself could be the source of her issues. It could have a multitude of allergens in there. Quote Link to comment Share on other sites More sharing options...
pips_pekins Posted June 9, 2011 Share Posted June 9, 2011 Hi. Sorry to hear that you are still having problems with your neighbour. As far as I can recall there is no set format for mediation. It usually involves you discussing the issue with a neutral third party so that they can try to work with all parties to find some sort of compromise solution. The mediator will not normally tell you what to do but will try to find common ground that you can all agree on and hopefully find a way of dealing with those things that you can't agree on! Good luck with it. BTW, I think someone has already said this but I would suggest you make a list of the things you want to say/cover when meeting with the mediator because it is easy to get distracted and not return to what you want to say. Quote Link to comment Share on other sites More sharing options...
Luvachicken Posted June 9, 2011 Share Posted June 9, 2011 Your neighbour may have been better when she was away because she was away from her house. The house itself could be the source of her issues. It could have a multitude of allergens in there. I was thinking the same thing myself. Both my husband and daughter are seriously asthmatic and I now suffer from contact with my rabbits , but the chickens have no effect on any of us. Good luck with your mediation and I hope your neighbour loses. Quote Link to comment Share on other sites More sharing options...
Tweety Posted June 9, 2011 Share Posted June 9, 2011 I can understand why you have agreed to mediation - you are clearly very considerate and seem to have done everything you can to accommodate your neighbour and her unreasonable behaviour - but I'm not sure that I would go down that route if I were you. The local authority have accepted that there is not a problem with noise or smell, and tests have been negative as to her allergy, so why should you agree to mediation? To do so could be seen as an admission that there is a problem for which you could be responsible. It sounds to me as if you have done everything that anyone could reasonably be expected to do in the circumstances, and I don't think anything the mediation services can do will appease your neighbour. They can't make you get rid of your chickens, which I would imagine is the only outcome she would be satisfied with, so it would be a pointless exercise in my view. Good luck whatever you decide, I feel really annoyed on your behalf! Quote Link to comment Share on other sites More sharing options...
Fourbecameeight Posted June 9, 2011 Author Share Posted June 9, 2011 I did think that by agreeing to mediation we might be admitting there is a problem. I’m pleased she has contacted the council because I knew we weren’t doing anything wrong. I don’t think mediation will come up with a solution but it may put an end to it. I was just hoping if I saw her around the village she wouldn’t be so rude! Quote Link to comment Share on other sites More sharing options...
Alis girls Posted June 9, 2011 Share Posted June 9, 2011 She probaby got better on holiday cos 1 if shes by the coast - air is moister and cleaner 2 the allergen is probably in her house or the pigeons she feeds - as an asthma trained nurse her remarks on the swine flu connection are irrational - since when did chickens give you swine flu. She sounds mentally ill - pigeons are notorious for chest diseases - but i think its her living arrangements - if shes old shes probably got carpets - full of dust and mites. Good luck Quote Link to comment Share on other sites More sharing options...
Chortle Chook Posted June 9, 2011 Share Posted June 9, 2011 I've not had to go to a council mediation but at work I am a trained facilitator and I would recommend that you take in some notes on small cards - one fact per card. Then listen very carefully each time she or the mediator speaks; watch body language, making sure yours is as non defensive as possible and do your best to go for 'win / win' (i.e. the facts do tend to show that it is not my hens . . . what can we do to help your health?) I have read that one of the reasons that chickens make such good pets and are used in schools is that they do not tend to raise allergies. You could google 'chickens and allergies' and see if you can get some facts on that. Quote Link to comment Share on other sites More sharing options...
Henergy Posted June 9, 2011 Share Posted June 9, 2011 I'm asthmatic and do not get a problem from my chooks. In fact, I don't tend to get many problems full-stop because I am fastidious about taking my medication to prevent it, I attend the yearly asthma check at my docs & report all problems to them as soon as. Obviously I don't know her medical history or any complicating factors such as previous lung infections etc. But I would suggest that part of your 'mediation' should not only look at what you could do (& I would say very little) but what she could do to help herself by ensuring she gets regular asthmatic help. I feel very sorry for you & I do feel she is being extremely unreasonable - as long as you are living within the law, then a neighbour cannot request lifestyle changes because it suits her to. Maybe she should pay you to rip out all your carpets & replace with solid wood floors, buy new mattresses, replace all your cleaning products etc just in case any tiny amouts of allergens are squeazing their way over the fence too ! Personally I think, even if it is the chickens & bedding that are causing her problem, then realistically, it would only occur if she was standing right next to it & inhaling deeply ! I would also prepare yourself for the fact that, whatever comes out of mediation, she will not be happy. As someone said - she just wants the chooks gone & that should never happen. Quote Link to comment Share on other sites More sharing options...
Fourbecameeight Posted June 9, 2011 Author Share Posted June 9, 2011 I have just been discussing this with my OH and we have decided to ring tomorrow and decline the mediation. Thank you for all the replies they have really helped. You begin to think maybe you are at fault. The only outcome she would be happy with would be the removal of the chickens and we aren’t prepared to do that so any further discussions are only going to prolong the upset on both sides. She has no further avenues of complain so we will both just have to learn to live with it. Quote Link to comment Share on other sites More sharing options...
Chucky Mama Posted June 9, 2011 Share Posted June 9, 2011 You may well be right. Mediation is fine with someone that is rational but for someone irrational it could be totally pointless and things could escalate to the point of no return. Quote Link to comment Share on other sites More sharing options...
Chicken shack Posted June 9, 2011 Share Posted June 9, 2011 I have just been discussing this with my OH and we have decided to ring tomorrow and decline the mediation. Thank you for all the replies they have really helped. You begin to think maybe you are at fault. The only outcome she would be happy with would be the removal of the chickens and we aren’t prepared to do that so any further discussions are only going to prolong the upset on both sides. She has no further avenues of complain so we will both just have to learn to live with it. Quite agree. Rise above her and get on with your own life. Good luck and keep us posted. Quote Link to comment Share on other sites More sharing options...
Ain't Nobody Here Posted June 9, 2011 Share Posted June 9, 2011 I'm sure you've made the right decision. You know you're in the right so just try to get on with your lives and ignore any bleating from next door. Hopefully she'll give up once she realises you're not listening . Quote Link to comment Share on other sites More sharing options...
