So finally all parties agreed to a meeting date for mediation but due to the Builder failing to provide the Mediator with enough information, much of the meeting was spent trying to gather feedback on the issues at hand (instead of time trying to resolve them). It got a little heated at times. I lost my cool at one point (which I'm not proud of), but in retrospect I'd be disappointed if I didn't have the opportunity at some stage to say how I really felt about the situation.
At the end of the meeting, the Builder was asked (by the Mediator) to send through more supporting documentation, while we needed to clarify his new variations (sent through an hour before the meeting). Since the meeting (3 weeks ago), the only correspondence we've received from the Builder is an email stating he will no longer dealing with the Mediator as he believes he is siding with us and bringing up unnecessary items "fueling the fire". In his email he stated that he hoped we'd be happy to try with another mediator (because this one was obviously taking him to task!). No thanks.
Now the Builder's refusing to pay the (agreed) 50% of the Mediator's bill. How ironic. The Builder still maintains he will issue certificates for occupation and fix all outstanding defects once the final (ludicrous) invoice is paid. I'm not sure how many ways we can communicate to him that we cannot get the bank to pay him until the occupation certificate is issued, which cannot be done until the house (and all it's outstanding issues) are fixed.
It feels like we're back to square one, but not quite. We've clarified some issues going through mediation, done more homework into what requires rectification, and can now walk into Tribunal feeling better prepared with actual costs and what is required to fix this house and stop hating it.
If we didn't need further motivation to keep going, I came home to this sight on Monday...
Apparently, one of the structural wall members has collapsed inside causing the wall to bow. It's not a load bearing wall and will not cause the house to collapse...it's just another thing to fix. I'll just add it to the list.
