Every neighborhood is assigned to a central office (Comuna) where community matters are handled, including mediation between neighbors for a peaceful resolution of problems. My downstairs neighbor who has been a pain for 13 years requested the mediation hearing. That meeting took place on Friday, June 4, 2015 at noon for one hour.
A lawyer mediated our conversation in a private room in Comuna 3 (Junin 521). First she gave her side of the story and then I had my turn to talk. Then he heard each of us individually. I asked for her to respect our consorcio rules of quiet after 10:00pm and before 8:00am. She didn't indicate her willingness to do so.
We signed three documents in triplicate:
Acta de Resolucion -- not to continue mediation. The mediator checks one of three boxes: agree, don't agree, or partially agree. In my case it was "don't agree."
Convenio de Confidencialidad -- a confidentiality agreement that you agree that you can't used anything said in the meeting against the other person in a legal proceeding. What ever you say is strictly confidential. The community mediator can't act on your behalf in any judicial proceeding nor can he disclose what was said during the mediation hearing. I read this document at the beginning of the mediation before signing it, but didn't really grasp the content until writing this post. It was a stressful situation. I shared the highlights with my next door neighbor who has heard my weekly reports for months.
Acta de Mediacion -- details of the location, mediator, reason, time, date, participants names, addresses, phone numbers, emails. And the results of the mediation hearing: don't continue, continue, etc. which the mediator completes and signs.
I recommend this process to anyone with noisy neighbors. It's easy to arrange at your local neighborhood center in a couple of weeks and costs you nothing. If you can't manage the language, find a friend who can translate for you.
I took a different route in my complaint by calling 911 for the police to verify the problem and write up a report immediately. Then the report was investigated with a phone call and then followed up with an appointment for my testimony to be taken. The next step is mediation by the Ministerio Publica Fiscal. If a solution isn't reached, I can proceed in court. I hope it won't go that far, but I'm prepared to do whatever is necessary to get peace in my home.