Landlord & Tenant

Mediation in Landlord & Tenant

• The Landlord & Tenant Mediation Program helps people in Landlord & Tenant cases reach a settlement agreeable to all participants and avoid the need for a trial.
• Mediators do not take sides. Their job is to help the participants reach an agreement that is mutually acceptable.
• Two types of mediation are provided for Landlord & Tenant cases: Bench Trial mediation and Jury Trial mediation.

How do I participate in a Landlord & Tenant Bench Trial mediation?

Bench Trial mediation is offered to you if your case is heard by a judge, not a jury. The court will schedule your mediation on the day of your court date. You do not need to complete any paperwork in advance of your Bench Trial mediation. All Bench Trial mediations are being held remotely unless an in-person mediation is requested and agreed to by the participants.

How do I participate in a Landlord & Tenant Jury Trial mediation?

Jury Trial mediation is offered to you if you asked for a jury trial. Your mediation will be scheduled after a jury demand is filed. All Jury Trial mediations are being held remotely unless an in-person mediation is requested and agreed to by the participants. You need to fill out and submit a Confidential Settlement Statement to participate in Jury Trial mediation. We must receive your Confidential Settlement Statement (Click Here) at least 30 days prior to your mediation date.

How should I prepare for mediation?

Your case manager will send you an email 7 to 10 business days before your mediation date. The email will include information about the remote mediation process and instructions on how to participate. You will also get the link to join the virtual mediation and the contact information of your mediator and case manager.

Can I request an in-person mediation?

You may ask for an in-person mediation. All participants must agree to an in-person mediation. To make a request you must submit an Application to Appear In Person within 24 hours of receiving the mediation scheduling email sent by your case manager. The case manager will follow up with the requesting party(s) within 24 hours of the request.

Are mediations confidential?

Yes, mediation is confidential. However, credible threats of violence and reports of abuse to children or elders are an exception to this rule.

What happens if an agreement is reached in mediation?

Agreements reached in mediation will be entered into the Court record. All participants will receive a copy of the agreement.

What happens when an agreement is not reached in mediation?

If no agreement is reached, you will go before the judge for the next step in your case.

What happens if the other side doesn’t follow the agreement terms?

If one side does not follow the terms of the agreement, the court will enforce the written agreement when it is notified that a participant is not following the terms.