Let's examine what the broken mediated signed agreement accomplished and limited.


The Mercers are "adults", but like children, they must have thought that giving their word, and signing the mediated agreement didn't count if their

"fingers were crossed"...


If we assume the potential playground hours in the summer as 8:00 am to 8:00 pm, then limiting its use after 7:00 pm on weekdays is only 8.33% of the potential weekday playground hours.

They had full use of the playground all day on Saturday and I had quiet time (from the playground) on Sunday.

Since Jeff Mercer told us at mediation that "Sunday is family day, so that's no problem" that would indicate that the only real limits are weekdays, and only 8.33% of the potential weekday playground hours.

For that 8.33% there would be no neighborhood conflict, and the camera shield would be in place. Harmony for 8.33%. There would be no more discussing the playground placement or the noise from the "acoustic alley" it created. There would be no signs or websites or police involvement. Harmony for 8.33%.

We ALL had [mostly] peaceful co-existence for the 3 years the signed agreement was in place.


And to get that 8.33% back in 2004, that one extra weekday hour, the Mercers have broken the signed agreement. They lost the camera shield for that 8.33%. Their actions were the catalyst for all the neighborhood stress and problems since.

At other times of the year, it's either dark or too cold to be out on the playground equipment past 7:00 pm anyway, so for many times of the year, there were no practical limitations on the Mercers. With the signed agreement in place, the camera shield was in place 365 days a year, 24 hours a day.

But to get that 8.33% back in the summer months, the Mercers have broken the agreement and lost the camera shield, and now there is neighborhood conflict.

Considering how peaceful it was while the mediated agreement was in place, and considering what is going on now, how can that 8.33% be so important to the Mercers?

We can all point fingers back and forth about who started what, but if the Mercers had not broken the mediated agreement in 2004, none of the current problems would exist. I wanted so little, just 1 daylight hour per weekday in the summer where I could depend on being able to use my backyard or have my windows open.


But the Mercers, without warning or discussion broke the signed agreement and now we have, well, look around, neighborhood conflict.

Peaceful co-existence was much better for everyone, including the Mercers.