Continuing a relationship is one of the most important objectives sought after in landlord-tenant disputes. Whether you are a landlord or a tenant, speaking one-on-one is an effective way to resolve landlord-tenant disputes. Speaking directly offers mutual understanding and builds trust. Whether you are in a position of wanting to preserve a relationship, or one where a relationship is strained and meeting seems impossible, consider mediation as a next step to reach a mutually acceptable solution for both parties.

Why Choose Mediation?

Mediation is a form of alternative dispute resolution. In a mediation session a mediator, who is a neutral third party, facilitates a discussion between disputing parties. Depending on the complexity of the issues, mediation in landlord-tenant disputes can be an informal process. Mediation does away with the cost and stress that can be associated with litigation. The goal of mediation is to reach lasting solutions the parties can live with. Mediation is especially useful in landlord-tenant disputes because it protects and builds the foundation for long-lasting relationships as it gives parties the opportunity to build trust.

What Are Some Methods Used In Landlord-Tenant Mediation?

In some mediation sessions, the mediator will have the tenant and the landlord sit down together. Each side is prompted to discuss all issues they present in their dispute, including emotional ones. This process of airing your grievances can lay the foundation for a fairly quick compromise. It is not uncommon for mediation sessions in less complex cases to settle in as little as two hours.

Some mediation sessions use a process called caucusing. In caucusing, parties are placed in separate rooms. A mediator will shuttle back and forth between the parties, while discussing offers and counter offers with each party. Often in caucusing, having been given the opportunity to discuss their concerns for the first time with a third-party, parties find they have more to talk about than simply the matter being discussed alone. When a settlement seems to be more in focus, the parties reconvene in a common space and the mediator then helps to guide the parties toward reaching a mutual agreement. Today, the same process is also followed online using “break out rooms” on various video conferencing platforms, like Zoom or Teams. 

Continuing a relationship is one of the most important objectives sought after in landlord-tenant disputes.

What types of landlord-tenant issues is mediation best for?

One of the most common disputes in landlord-tenant mediation is eviction, with nonpayment of rent often the leading cause. When tenants have missed rent payments, there are often reasons for nonpayment that can be brought to light. Eviction is expensive. In addition to lost rent, landlords can expect to pay court filing fees, and attorney fees. The estimated cost of eviction can range up to more than $6,000 for private landlords. Often by proposing payment plans, landlords can recover rent over a period of time and tenants can repay using temporary payment plans that fit their financial needs. Mediation can be a good place to reach these terms. 

Mediation can also help when there is an existing relationship between the landlord and the tenant and can help resolve a conflict when the parties have a valuable relationship, they both want to preserve. It’s an area where negotiated agreements can be possible. For other cases, sometimes parties may not fully understand the situations they are facing. If the parties are not represented by Counsel, Mediators may while maintaining their role as impartial facilitators address some basic legal issues or refer you to a lawyer.