Resolving Your Problem Outside the Court

Court cases can be lengthy, expensive, time-consuming, and emotionally draining. Many issues can be resolved outside the court system. When evaluating your case, you should consider whether you have tried all the reasonable alternatives. For example:

• Have you contacted your landlord more than once about making repairs, without results?
• Have you contacted the Board of Health?
• Do other tenants have similar problems, and have you met with them to discuss taking action as a group?
• Should you withhold rent or use the "repair and deduct" law?
• Are there community groups in your area that work with tenants needing assistance?
• If you owe rent, can you work out a payment plan for back rent that is realistic?

Mediation

There are independent and neighborhood agencies that provide mediation for a small fee or for free. A list of Mediation Services is in the Directory.

The purpose of mediation is to arrive at an agreement that is agreeable to both sides. Effective mediation is dependent upon the good faith and equal footing of the participants. There are several advantages to using mediation. You can craft an agreement that is tailored to the exact needs of the parties. Mediation usually provides a faster and much cheaper resolution to problems. It can also provide an opportunity to repair the often very personal relationships between landlords and tenants.

Among the disadvantages of using mediation may be that you do not feel on equal footing with your landlord and this affects your ability to negotiate a good agreement for yourself.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. 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.