Mediation is the process by which a neutral third party (mediator) attempts to bring about a settlement between two parties. The mediation process is confidential, voluntary, and non-judgmental.
The mediator does not enforce an agreement, but merely acts as an intermediary to help assist in resolving the dispute. The mediators are neutral third parties. They do not provide legal advice, nor do they suggest a particular outcome to a dispute. They assist the parties in discussing the conflict and help them to explore avenues of resolution put forth by the parties. If agreement is reached, they will also assist the parties in writing an agreement that reflects their decisions and will be signed by both parties. Mediators must complete specific training and are required to maintain confidentiality.
Types of Housing Mediation Cases
There are many types of housing matters that might be good candidates for mediation. For example:
Landlord/tenant disputes regarding maintenance of the premises or repairs
Issues dealing with rent non-payment or back rent
Eviction matters
Neighbor disputes, such as those due to fences or trees
Issues dealing with a breach of the peace or the tenant’s right to quiet enjoyment of the property
Disputes regarding dangerous conditions on the property
The Housing Mediation Process
Community Mediation Centers, including the Middlesex Community College Law Center, provide services for free under the state-sponsored Housing Mediation Program. This program offers assistance for Covid-19 related non-payment and other eviction-related disputes. We use trained volunteer mediators who have received further specialized training to be part of this program.
Typically, mediations can last as long as 1-2 hours. They can be offered before a court case is started, as well as after the case has been filed in court. Housing mediation offers an opportunity to work out details between the parties, as well as to apply for additional help and programs that might alleviate the situation for both parties.
According to the Massachusetts Eviction Diversion Initiative, “in housing and eviction disputes, mediation can provide the following benefits:
For tenants, mediation can help you work out if arrears can be paid off and how and allow you to stabilize your tenancy. It can also help you work out other issues related to your tenancy. If it is impossible to maintain the tenancy mediation can allow you to work out a way to leave a property in a way that works for you and the landlord.
For landlords, mediation can help you resolve a case of rent arrears more quickly and reduce costs associated with an eviction. You can understand how rent assistance benefits can help pay off arrears, stabilize a tenancy that worked well prior to the pandemic or help ease the transition and costs of a warrant of execution.”
Additional Information and Resources
The Office of Consumer Affairs and Business Regulation provides information for tenants on its website; it also provides information for landlords. Additionally, MassLegalHelp provides information about landlord/tenant law on its website. The Massachusetts Attorney General’s Office has a guide to landlord and tenant rights. And the Massachusetts Trial Court Law Libraries site maintains an excellent guide to landlord/tenant law.
If you are looking for help with housing mediation, the MCC Law Center might be able to help. The MCC Law Center Mediation Program works in cooperation with the Massachusetts Office of Public Collaboration to provide free community mediation services and help resolve issues. Contact us for more information.
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