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

  • We have submitted a notice to move out at the end of next month and already have signed a lease for a new house. The landlord wanta to put the house on the market beginning next month. My question is, with this Covid 19 crisis I don't feel comfortable with people coming in and out of my house meanwhile I am still living here, especially since I am a nurse and have to go to work and be around elderly people. Is there any safety measures in place for me? Whether it be future tenants wearing a mask before entering or the landlord having to wait till we move out to show the house?
  • Signed a lease agreement a few weeks ago to an apartment sight unseen due to current resident. Today, my wife and i received keys to the new apt. Immediately found a roach infestation. In every room and every corner, black and german roaches coming out of the walls. Not one thing has been moved in yet and we were in the apt for about3 minutes. Can we legally terminate and/or nullify this lease pre move in, due to health concerns with our newborn? I have video of the roaches crawling everywhere.
  • My roof is caving in,in the kitchen. I have a lease for a year. Can the landlord decide the damage is to severe and just kick us out
  • Can a property manager waive the application fee if I am a senior citizen and disabled
  • The rental agreement is month to month with a 30 day notice for either party. The renter paid rent Nov 1. On Nov 16, renter said the house was full of old cigarette smoke and couldn't live there so she gave 30 day notice. On Nov 23, she was gone along with all of her possessions leaving the room completely empty but she had paid up until November 30 and did not return the keys. She did not pay for Dec and I have damage deposit. Can I rent the room starting Dec 1 without repercussions from the renter.
  • I put down a $300 deposit for my little dog . And when my lease ended I moved out I asked for my security deposit and I was told the pet deposit was nonrefundable I cannot get it back And he took $300 out of my security deposit because I had let a dumped kitten in front of my house stay in my yard for several weeks and when I moved I took iit with me. I didn’t even waant a kitten I just didn’t want to leave it there for him to do something to it. Is .it lawful for him to do that?
  • The home we are renting is set to go to Trustee Auction at the end of this month. The "Protecting Tenants at Foreclosure Act" expired 12/31/2014. What are my rights as a tenant now that this has expired. Can I be evicted without notice..do I still have to receive ample notice if the new owner wishes to occupy the home?
  • Can a house built for a mother in law be rented by someone from another family
  • My daughter turned 18 a week ago and when I just renewed my lease, they made me put her on there? And ran a credit score? Is this right? If I'm late on a payment it goes on her credit too?? We have lived here for 4 years...
  • Hello, my lease explicitly states that 30 days notice prior to lease ending date is required if I wanted to move out after the lease is up. At the last second we just decided that we are going to move. What penalties would I be facing monetarily speaking for not giving my landlord 30 days notice. Today is October 30th 2017. My lease states that ends November 1st 2017. However in the lease agreement we agreed that rent would be due on the 5th each month. So technically I'm paid up through the 5th of November.

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • Age discrimination in the workplace. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

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