Pros and Cons of Mediation

In mediation, be careful not to approve any agreement that you know you will not be able to keep. Do not agree to move in a short time if you have no other housing available to you. Do not agree to a payment plan for back rent that is more than you can afford. If you are not able to resolve your dispute through mediation, you will still be able to have a hearing before the judge. Everything said in mediation is confidential and should not be discussed in court if there is a hearing later.

The advantages to using mediation are that you can craft an agreement that is tailored to the exact needs of the parties. Issues that might be difficult for a judge can be decided by give-and-take. For example, you can simply agree with your landlord that the value of the clothing you lost when the roof leaked was equal to what it cost your landlord to make repairs after your child flushed several small wooden toys down the toilet, without calling witnesses and proving the exact cost of these items. Mediation usually provides a swifter and cheaper resolution to problems. It can also provide an opportunity to repair the often very personal relationships between landlords and tenants by opening channels of communication and fostering greater cooperation in the future.

The disadvantages of using mediation must also be recognized. Often, you are not on an equal footing with your landlord, so you are unable to negotiate from a position of strength. If you are fearful of retaliation or unable to maintain your position in the face of a stronger personality, mediation may be a mistake for you. In addition, many mediators are not trained in landlord-tenant law, and, unlike a judge, a mediator is not required to know the law. While it may be acceptable to ignore the legal issues in your search for an amicable agreement, you should do so only after you thoroughly understand what these issues are. You do not want to find yourself in the position of giving up too much because you are unaware of what may be due to you based on the law.

A successful mediation will result in a written agreement between the parties. Before you sign an agreement, read it very carefully. Be sure that you can meet its terms. For example, do not agree to a payment plan for back rent that is more than you can afford. If you have no other place to live, do not agree to move in a short period of time. Make sure that you understand every word of the agreement. If you do not, ask the mediator to rewrite the agreement using clearer terms that you understand.

If you are unable to resolve your dispute through mediation, you still have the right to use the court system. Everything said in mediation is confidential and should not be discussed in court. If information from the mediation is used in court, be sure to object to its use by asking the judge to disregard it.

-Excerpted from:  Masslegalhelp.org "Fighting An Eviction in Court" at www.masslegalhelp.org/fighting-an-eviction-in-court, retrieved 2/16/10.