So you’ve received a request to mediate – what’s next?
It can come as a surprise when you receive a request to mediate a housing dispute! Perhaps you have been experiencing some increasing conflict with your tenant or landlord. Maybe you were aware that the issues existed, but caught off guard when they requested to mediate. It’s possible that you didn’t even know a conflict existed, much less that it had risen to the level of needing intervention. Rest assured – you are not alone! Our staff understands, and we have lots of helpful information to guide you through the process of deciding whether mediation is right for you and your situation.
Included In This Article
WDRC’s Housing Stability program overview
What are the benefits of saying yes?
There are many benefits to using mediation to solve your housing-related conflicts. The benefits generally include saving time, saving money, improving communication, and reducing stress.
Mediation vs. Eviction
When eviction is on the table, there is much to consider for both the housing provider and the tenant. For the housing provider there are costs associated with filing an eviction – which generally includes over $200 in court filing fees, and an average of $300 or more per hour for lawyer fees. There are also costs associated with turning over a rental unit such as painting and replacing carpet, and lost income during the transition between tenants. This can add up to thousands of dollars worth of expenses. For a tenant the costs can include first and last month's rent, a damage deposit, moving costs, and more - also potentially representing thousands of dollars in order to move.
In comparison, the WDRC provides all of our Housing Stability mediation and conflict coaching services free of charge.
Beyond the financial considerations, there are a myriad of other emotional and social considerations to weigh when eviction is on the table. Mediation can help alleviate the stress of an escalating conflict, which can have mental and physical implications for both parties. The relationships of all parties involved is another consideration, as conflict resolution services can help to form or preserve positive relationships – in contrast with the eviction process which is adversarial by nature.
Finally, all parties have the opportunity to contribute to a healthy housing landscape in our community by participating in professional conflict resolution. Housing providers interact within a complex legal landscape, and escalating conflict with tenants may drive local and smaller landlords to leave the rental business. This reduces the available housing in our community, and potential revenue streams for landlords who may be counting on that income to meet their financial needs. For tenants, eviction can lead to homelessness, which has significant individual, family, and community-wide impacts that can last for generations. These scenarios, and impacts for each party, can be mitigated or avoided by first attempting collaborative approaches to resolving the issue. In other words, conflict resolution not only reduces the number of newly homeless individuals, but also supports housing providers and contributes to a healthy, resilient local housing environment overall. By working upstream of these issues, we hope to prevent these negative impacts for all parties involved in a housing dispute.
Mediation vs. Handling the conflict on your own
Even if eviction is not on the table, mediation can help resolve conflict with your tenant, landlord, neighbor, or roommate before it rises to a level of crisis.
If direct communication isn't working well, mediation can offer a chance to reach mutual understanding before moving forward with actions. Mediators are trained to ask questions to develop your action plan for moving forward. The process is designed to help uncover the overlap between your goals and the other person's, and to focus on possible solutions that meet both of your needs.
With mediation you can:
Have support and structure to make conversations more productive
Develop a specific, doable plan for moving forward
Co-create a plan that all parties are more likely to follow through on, as they created it together
Lastly, mediation can also help to re-humanize housing relationships, allowing for more meaningful and comfortable interactions.
Mediation might not be right for all situations
Connect with our Case Managers to determine whether our services can help to resolve your issue
While there are many situations that can be constructively addressed through WDRC’s Housing Stability services, we recognize that our work is part of a deeply interconnected web of services and paths forward. For some situations it may be most appropriate to file a case in court, or to seek services from another agency. Our case managers are trained to provide resources and point you in the right direction if our services are not the best fit for your needs.
Commonly Asked Questions we receive from Landlords and Tenants
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The mediator will give you the opportunity to write down any agreements that are reached, and once signed by all parties it becomes a personal contract between them. Generally we find that people are more likely to follow through on a negotiated agreement as compared to a court order, because they have decided on the solutions themselves, and already agreed to follow through with the actions. The mediator will ask both parties questions to make sure the action items in the agreement are complete, doable, and realistic, and that they meet the needs of both parties.
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Trying mediation can be a way to take extra care in a difficult situation. By inviting you to use our process, the other party is giving you the opportunity to have your concerns heard and your needs met with equal priority to theirs. How helpful do you think that might be in this situation?
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That does happen sometimes, and it can be frustrating. However, most people (on average at least 75%) who try mediation do reach agreements that work for them. It’s a highly successful process. And, we often find that at the very least, both parties leave mediation with a better understanding of one another and the situation, even if they don’t agree on how to move forward. We hope that you will feel satisfied with your own decision to try this professional process and search for common ground, before possibly trying something more adversarial. Remember that everything said in mediation is confidential, including any proposals that were not fully agreed upon.
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Mediation sessions are typically scheduled as either a 2 or 3 hour appointment, based on each situation's needs. Yes, it can be a long appointment for busy folks. Consider - how does that 2-3 hours compare to the amount of time you’ve already spent or expect to spend on this issue? Would it be worth investing 2-3 hours if you could eliminate possible future time spent on this issue? And, if you finish your conversation before the appointment end time, you are welcome to leave early.
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Mediation is confidential and privileged, and the only information that can be shared outside the mediation is the Agreement to Mediate and any settlement agreement created by the parties. (The Agreement to Mediate shows who was present in mediation and that everyone agreed to follow the rules.) Proposals and information shared for the first time during mediation can't be repeated outside the mediation, unless they're included in the settlement agreement or agreed on by both parties.
Questions from Landlords & Property Managers
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Policies are important to maintain consistent and fair business practices, however not all issues are always fully and satisfactorily resolved. Sometimes companies reach out to WDRC when conflicts are lingering or escalating and additional support would be helpful before engaging in, or as a diversion from litigation. Sometimes there are unique circumstances that warrant a different approach. Mediation has successfully been inserted into local business practices at various points along their dispute resolution protocol. Mediation can be helpful to find a reasonable alternative that meets your business needs, and the other party’s needs. Mediation is confidential, so the details that you share with one client should not become common knowledge to other clients. You could also use the mediation process to improve communication and help describe your understanding of the policy to the other person, give them a chance to ask questions, and confirm that they understand the policy the same way you do.
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The ideal mediation participant is someone who is close to the situation while also having decision-making power. For example, if a property manager has done all of the communication with the tenant, but a property owner makes the final decisions, it could be appropriate for both to attend mediation. Other options include requesting a break to call a supervisor to help you make a decision, or having a discussion prior to the mediation to get on the same page about what you need and what limits there may be to your flexibility. Your mediation case manager can help talk it through with you and anyone else who needs to be involved in the decision making process.
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Early-on communication about lack of resources can help to avoid accumulating an overwhelming amount of back-rent. Don’t wait! Contact us as soon as the issue is arising, because the longer it lingers, the harder it is to find a solution that works for everyone.
Payment plans can also be negotiated during mediation, so that the renter can make payments that are sustainable for them, while making up back rent.
If rent payment/ repayment cannot be agreed upon, move-out plans can be negotiated, making a timeline that will work for both the renter and the housing provider.
Questions from Tenants
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Your participation in mediation is confidential. WDRC will not share the content of the mediation process with anyone. Nor is your information reported to government offices, credit bureaus, tenant screening agencies, prospective landlords, or any other public information hubs. In mediation, you can also share your concerns about your future housing options, and ask the other person to help you come up with some solutions that protect your ability to rent in the future.
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Maybe. If your situation relies on other tenants or lessees making decisions with you, it could be important to have their voice in the conversation. If you are able to make decisions without input from other tenants/lessees, but you want them to stay informed about the conversation, there are several ways to share the appropriate info with them without requiring their attendance in mediation. We also have ways to accommodate and include people who want to be involved but may have difficulty attending because of scheduling, transportation, or some other reason. As you’re considering who needs to be present, remember that all parties must agree on the participants before mediation can move forward. We also find that everyone’s confidentiality and consent are protected when mediation contains the fewest number of people who are needed to make decisions.
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It can be scary when you don’t have the resources to meet your obligations or fulfill someone’s request. It can be even scarier to open up about your situation to the other person, but we find that people have the most success when they address the issue honestly and proactively. By coming to the negotiation table in good faith, you can protect yourself from the possibility of the consequences getting worse, and make a plan to get out of the situation with the time and resources that you still have.
Contact the WDRC's Housing Stability Case Managers
If you have found yourself in a housing-related conflict, we hope you will reach out to our staff, to determine if our low-to-no-cost Housing Stability services are right for you.
Email: housing@whatcomdrc.org
Phone: (360) 676-0122 ext. 115
Website: www.whatcomdrc.org/housingstability
Address: 206 Prospect St, Bellingham WA 98225