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Mediation in eviction cases

In mediation, both sides meet with a neutral person who is trained to help people come to an agreement. Everyone works together to reach an agreement instead of having the judge make a decision.

How mediation works in an eviction case

Mediation can often be a good choice for landlords and tenants who disagree. The mediator is trained to look at how both sides see the case in order to help them come up with a solution they both like.

Some landlord-tenant disagreements are due to misunderstandings that can be solved by talking about things that aren’t directly a part of the lawsuit. Mediation allows you to do this.

Mediation doesn't force you to agree

The mediator won't force you to reach an agreement. Whether you decide to agree, and how you agree, is up to you. If you can't agree, you can still go to court to have a judge or jury decide. If you reach an agreement, you can write up your agreement and you won't need to have a trial.

Mediation can happen right before your trial

Some courts have people available to help you mediate on your trial date. Before the trial starts, a mediator can help the parties agree about if and when the tenant will move out or pay the landlord money or if the landlord will make repairs to the home. This can protect the tenant from getting an eviction judgment on their record. Find out from your court's Self-Help Center if mediation is available at your court.

Mediation benefits

It's less stressful than going to court
It doesn't have to be at court
It gives you time to come up with creative solutions
You can discuss things that aren't directly named in the lawsuit
It's private and confidential and the agreements you reach don't have to be public
It creates agreements that people are more likely to follow than court orders
It helps you preserve your relationship with the other side

Common agreements in mediation cases

Mediation agreements are custom-made for your situation. Here are some examples of the types of agreements landlords and tenants can make with the help of a mediator:

The tenant can continue to live in their home but pay for costs related to their late rent payments (bank fees the landlord had to pay, for example)
The tenant will move out on a certain date and leave the home in good condition
The tenant will make back rent payments to the landlord over time
The landlord will make repairs to the home
The court won’t enter a final judgment against the tenant if they follow the agreement
The eviction won’t show up on the tenant’s credit report

How to get ready for mediation

Getting ready for mediation is a lot like getting ready for a trial. You need to know the law that applies to your case. You'll need to organize your ideas, papers, photos, and other things that are important to prove your case.

Consider what you and the other side really want:

For example, does the landlord really want the tenant to move out, or do they only need to feel sure the tenant is going to pay back their past due rent over time?
Think about what angry or hurt feelings you or the other side have and why
Come up with ideas that you and the other side might both agree to

Decide what things you would accept to not go to a trial. Going to trial might mean that you'd lose or you might have a hard time collecting money if you win. Talk with a lawyer who can give you advice about what a judge might decide.

If you agree in mediation

If the landlord hasn’t started an eviction court case yet, then you can both write up a clear agreement and make sure you each understand what to do. Make a copy so you both have one. Then do what you agreed to.

If the landlord has started an eviction court case, you should both write up a more formal agreement, called a Stipulation and Order to file with the court.

Make sure the agreement or Stipulation says:

What each side is promising to do (like pay the back rent, fix something that’s broken, or move out)
By what date each side has to do his or her part of the agreement
By what date the landlord will dismiss the court case (if there is one) if the tenant follows the agreement
If the tenant doesn’t do what they agreed to, the landlord can get an eviction judgment from the judge right away without another trial
What the tenant can do if the landlord breaks the agreement

You can also use the Stipulation for Entry of Judgment-Unlawful Detainer (form UD-115) to write up your agreement. But, you can’t dismiss your case after you file a judgment. Get instructions for how to dismiss your eviction case.