Landlord and Tenant Rights and Responsibilities Article


Frequently Asked Questions about Mediation

What is mediation?

Mediation is a voluntary and confidential way for people to resolve their disagreements. During mediation, people meet at a safe and neutral place to discuss their options for effectively resolving their problem. One or two mediators guide the process to help keep communication respectful.

Why should I try mediation?

Mediation can be an effective first step in trying to resolve a conflict. It saves time, money, and energy that might otherwise be spent tangled in a frustrating legal process. In mediation, people in conflict decide for themselves the solution that is right for them. Mediation helps people clear the air so they can preserve their relationship, which otherwise might be damaged if they went to court.

What situations can be mediated?

  • Neighbor issues: property-line disputes, animal noise, shared walls, trees
  • Landlord/tenant problems: money owed, payment plans, deposits, refunds, back rent
  • Family conflicts: decision making about care of aging parents or other family members, communicating with teens
  • Real estate disputes: earnest money, non-disclosure of damage
  • Small claims: property damage, money owed
  • Business issues: partner disagreements, client complaints
  • Employee conflicts: office issues, coworkers who don’t get along
  • Personal injury claims: auto accidents, premises liability
  • Domestic relations: divorce and child custody
  • Group decision making: neighborhood associations, community organizations, schools, clubs, boards of directors

What does a typical mediation look like?

Participants meet with one or two mediators, who explain the process and ask them to agree to some guidelines for respectful communication. Each participant will have an opportunity to share his or her side of the story, what the participant wants, and what he or she is willing to do to help solve the problem. The mediator(s) will listen and ask questions, making sure that the participants are clearly hearing and understanding each other. If the participants reach an agreement, the mediator(s) will help ensure that it is fair and specific.

Who are the mediators?

Mediators are a diverse group trained to be unbiased and neutral. They help people communicate effectively but do not take sides or review evidence.

Is mediation legally binding?

Participants create a written agreement and each receives a copy. Some agreements reached in mediations involving money, personal injury claims, business disputes, domestic relations, or real estate can be legally binding. Mediation agreements reached in other less formal disputes (such as animal noise complaints) may not be enforcible in court. Nonetheless, statics show that most of these informal agreements  remain in force long after they were entered into by the participants. 

How long does a mediation take?

Most mediations sessions are scheduled for two to four hours.

Who/what should I bring to the mediation?

Participants bring only themselves, though they may bring a spouse or partner who is affected by the problem as well. You may bring information such as logs or photos that you can use to help the other participant understand your point of view. Other people who might be helpful to the mediation may attend, but only with prior approval of both participants. Attorneys sometimes attend mediations arising from formal disputes. Where the disputes is more informal the participants normally represent themselves.

How much does a mediation cost?

It depends on the organization doing the mediation and the type of dispute between the parties. Private mediators generally charge an hourly fee. Mediation services offered through the court system or a community mediation service are often available for free or at a nominal charge.

I’m having a conflict with someone in another state. Can mediation be done via phone?

Yes, mediation services often can be provided via conference call or web-based video conferencing platforms.

Will the mediator discuss my case with anyone else (attorneys, law enforcement, case workers, etc.)?

The entire mediation process is protected by law as confidential. Except for unusual circumstances such as actual or threatened violence during the mediation, or evidence of abuse of a minor or vulnerable adult, mediators are prohibited by law from discussing your case with anyone without your permission. Mediators and their case files may not be subpoenaed without a court order. 


Contributing Attorney: Dan Westerburg is one of many volunteer mediators at The Center for Community Dialogue a program of Our Family Services in Tucson.


Comments:

QUESTIONS

  • The house we are leasing has a converted garage that we were told is used as an office for the LL and he occasionally stays overnight when necessary. Although there is no mention of sharing the property in the lease, there is a small statement that the LL will pay $60 toward monthly rent for electricity. Isnt he liable for a share of all the utilities?Also, much if his behavior feels intrusive. What rights do we have re: Quiet Enjoyment?
  • I live in a rental home. The A/C went out, the owner was notified, as well as management company, it's been 6 days and still not fixed. I went and purchased on day 2, 3 fans and a portable A/C unit, I have lost alot of fruits, pantry items too! The heat has also caused my laptop to stop working and it's so hot in the house to cook, we have been purchasing fast food, can I legally demand reimbursement for these things from the owner ?
  • I qualified for modest means client #MMLT2014-6054 Is this still valid and is the attorney in Kingman or someone else closer to Ft. Mohave now qualified?
  • I had made an appointment for a visual mold inspection to be performed at the condo I rent, due to my landlords not taking action and telling me it was my responsibility to pay for a test. I informed both the Inspector and landlord that I was running 10 minutes late. The landlords did not wait for me to be present and let the inspector in my home without my permission, had the test performed and was done before I arrived.If I made the appointment and did not give permission for them to enter or was informed they entered, is there something I can do about this?
  • I have a tenant in my home and they are moving out In September so I have decided to sell my home and put it on the market. They are refusing to let me do open houses, or have people come in and see the home. They said no one can enter not even when there home! I need to sell my home so by the time they leave it will have been sold hopefully. I cannot afford to house payments. I don't know what to do. My realtor has called them and ask to do showings when there home, and they refuse. I feel like there hiding something. Please help!
  • I read in the A.R.S. §§ 33-1322 –1324, which specifies: A landlord is required to do the following: Supply running water and reasonable amounts of hot water. Questions: Must I, as a Landlord, have to pay my tenants gas bill for hot water? What does "reasonable amounts of hot water" mean specifically? The water heater is in good condition and does not repairs. P.S., I already pay their monthly water that comes from the city.
  • Can the apartment management come in to my apartment and take photographs? I refused but they did it anyway, I asked him to leave and he ignored me. The photos included my entire kitchen, my pantry that I purchased and it has glass doors (not part of the apartment, a stand alone cabinet) and my bathroom. We had recent repairs but he didn't take photos in the areas repaired and refused to answer why. My personal belongings were in the photo. The apartment was very clean, nothing Out of compliance but I feel my rights were violated.
  • attacked,robbed my apt,flooding for 2 days,no screens on window or patio,no apt# on my door,no heat for 14 days,electric went out twice got me very sick
  • Can a lanlord serve you at work for damages done after vacating the premises?
  • does apt complex have to disclose the previous renter was a smoker?

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