- Jurisdiction
- California
I filed a small claim against my neighbor regarding payment for his portion of replacing the fence between our adjoining properties. We agreed to mediate the case. During mediation my neighbor agreed to pay some portion of the compensation I was requesting. However, I did not accept his offer. He then made mention that he has a recording of a conversation I had with him on his front porch when I first introduced myself to him, which was prior to our dispute regarding the fence and had nothing to do with the fence. Apparently, this was recorded on his doorbell camera. He asked me if I remembered what I said during this conversation, clearly implying that I said something that could be damaging to me. I recall that the conversation was pleasant, and I do not recall saying anything that may be damaging to me. He told me that I should accept his offer because he has this recording. I again denied his offer. He made mention of this same video and conversation twice during the mediation.
I reached out to the mediator regarding this, and asked if she could provide an affidavit of this exchange, as I believed it to be coercion or an attempt to blackmail me. The arbitrator responded that she could not provide this as it was agreed during arbitration that all conversations were to be confidential, and she is legally precluded from being a witness to anything that occurred during arbitration.
Due to the court running out of time to conduct the hearing, they delayed the hearing for six months. Therefore, the claim has not yet been resolved.
I am unsure what I should do at this point to protect myself. One option I am considering is filing a police report to document what I believe to be attempted blackmail. The other option may be to send a letter to my neighbor documenting what he said and notifying him that I consider what he said as attempted blackmail. I would also mention to him that his comments were made before both the mediator and an observer, so there are two witnesses.
Even though they cannot testify against him, I don't believe is aware of this, and this may make him reconsider following through with any blackmail.
I reached out to the mediator regarding this, and asked if she could provide an affidavit of this exchange, as I believed it to be coercion or an attempt to blackmail me. The arbitrator responded that she could not provide this as it was agreed during arbitration that all conversations were to be confidential, and she is legally precluded from being a witness to anything that occurred during arbitration.
Due to the court running out of time to conduct the hearing, they delayed the hearing for six months. Therefore, the claim has not yet been resolved.
I am unsure what I should do at this point to protect myself. One option I am considering is filing a police report to document what I believe to be attempted blackmail. The other option may be to send a letter to my neighbor documenting what he said and notifying him that I consider what he said as attempted blackmail. I would also mention to him that his comments were made before both the mediator and an observer, so there are two witnesses.
Even though they cannot testify against him, I don't believe is aware of this, and this may make him reconsider following through with any blackmail.