‘My neighbor bit my finger‘, ‘stinky dust thrown in‘ and ‘almost fatal climax in Haarlem Dekamarkt‘. Neighborhood quarrels, for example, made the headlines in the past month. Fortunately, escalation is often prevented, but such 400 thousand people a year experience problems with desksn that are important enough to do something about it.
Neighbor conflicts are difficult to resolve. That is understandable. We don’t choose our neighbors but we do live with them. If we want to live together in a constitutional state, it starts in the neighbourhood.
About the authors
Maurits Barendrecht and Tim van den Bergh working at the Hague Institute for Innovation of Law, a government foundation that helps develop people centered justice. Barendrecht is also professor of innovation in legal systems at Tilburg University.
The municipality of The Hague, international city of justice and peace, wanted to know how these ideals could be realized in the Transvaal, Ypenburg and Statenkwartier districts. In the past year we investigated with concerned governments, aid workers and service providers how neighbors who had come into conflict with each other can access equitable solutions.
From police to GP
Dutch neighborhoods look beautifully organized. Much is being done about neighborhood life, from the proverbial street barbecue to consulting citizens about traffic measures. If you experience nuisance as a citizen, you can tell your story in many places: the police, the housing association, the municipal Report and Support Center for Residential Nuisance, a legal adviser or the general practitioner. You will then receive a listening ear and a suggestion on how to discuss it quietly with your neighbor.
If that doesn’t work, you can go to neighborhood mediation. It’s free; Neighborhood counselors are volunteers. The waiting time is solid. There is also a district judge. But mediators and district judges rarely intervene, because both parties in disagreement must cooperate – and this is not mandatory. Even if it is possible to initiate a safe conversation, this is often complicated by differences in communication between cultures, the interests of entrepreneurs and local residents or because it concerns people with psychological problems, for example.
Did you have a fight and reconcile? How did you arrive at a solution? Send your letter (max. 200 words) to [email protected]
High cost
What to do? Keeping calling and writing sometimes helps, for those who are handy. But how do you come to good agreements or a decision if the other party is unwilling or unable to cooperate? What remains is a civil court, a criminal complaint or an enforcement request to the municipality. Then you enter the domain of legalization, courts, high costs and unforeseeable escalation.
It is therefore difficult to solve a neighbor problem if neighbors do not provide a home. It is estimated that in The Hague alone there are already 8,000 people a year who would benefit from a comprehensive solution route for neighbor disputes.
That starts with a welcome for new entrants. A new shop, company or culture is part of it, but also becomes part of existing relationships. The municipality can provide a structure for making and adjusting neighborhood agreements, funded by a small contribution from the new entrant.
Three steps
If conflicts do arise, the route must systematically work towards solutions that allow people to move forward in their lives. Internationally people speak of people centered justice. Sometimes something needs to be talked out or fixed. Sometimes there are ‘border problems’. Sometimes there are costs that need to be shared.
In order to achieve this, citizens first need good advice on how to enter into a dialogue. If advice does not help, a third party can ensure that a conversation is still established. The next step is mediation. Where that does not happen or does not lead to an agreement, a judge will join: someone who can make a decision with authority. The judge searches for as much agreement as possible and imposes appropriate measures if necessary: from clearing things up to aggression therapy.
After some time it will be checked whether that works. In the event of complications (confused persons, discrimination/bullying, violence, or serious ongoing nuisance), specialist help is available.
We estimate that the solution percentage – now below 40 percent – can be achieved through streamlined and evidence-based working to 80 percent or even higher. The cost of all this is limited. The study showed how these costs can largely be borne in the neighborhood itself. After all, tackling nuisance properly immediately pays for itself in better sleep, more valuable houses and less stress, absenteeism, threats or violence.
No one responsible
Why isn’t this happening? The amazing thing is that no one in the municipal or constitutional state of The Hague is now responsible for the timely, fair and effective resolution of neighbor disputes. The rule of law is mainly discussed at a high level of abstraction. The Ministry of Justice and Security provides the police, judges and lawyers. The municipality monitors public order. Housing associations pay for neighborhood mediation. Everyone tries to fulfill their own role in a committed and honest manner.
But the total is not good enough for the neighbours, entrepreneurs and conflict resolvers who have to work with it. Justice and peace are ideals that must become concrete step by step in complex relationships between people. Starting nearby.
Would you like to respond? Send an opinion contribution (max 700 words) to [email protected] or a letter (maximum 200 words) to [email protected]