This section is about using mediation when you want to resolve a problem with your landlord.
The purpose of mediation is to arrive at an agreement that is agreeable to both sides. It is available in housing court and a number of district courts. Community groups also offer mediation services which you can use even before you get to court.
A mediator helps landlords and tenants through a focused discussion about how to resolve problems. It is a voluntary process. A mediator is not supposed to take sides or pressure people to mediate. A mediator will not be able to tell you if the agreement is good or bad. The mediator's job is to help people reach an agreement, but not to make recommendations on the substance of the agreement.
Some mediators are trained in landlord-tenant law, others are not. Unlike a judge, a mediator is not required to know the law. While it may be acceptable to minimize the legal issues in your negotiation for a fair 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 something because you are unaware of what your rights are. Remember, the mediator is not there to give advice or protect your rights.
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 and your case is in court, you still have the right to use the court system. Everything said in court-connected mediation is confidential and cannot be used in court.39 If information from the court’s mediation is used in court, be sure to object to its use by asking the judge to disregard it.
Many courthouses provide mediators. Housing courts have mediators on staff to mediate landlord-tenant cases. The mediators are called “Housing Specialists.” District courts may also have mediators available, and you can ask the court clerk to find out how to schedule mediation in your case.
There are also independent neighborhood agencies that provide mediation for a small fee or for free. You can use these services before something goes to court. A list of Mediation Services is in the Directory. You can take a friend to mediation if you need help negotiating or want support.
There are several advantages to using mediation instead of going to court.
- You can create an agreement that is tailored to the exact needs of the parties instead of asking a judge to decide. Taking your case to the judge means you give up control about the outcome.
- Mediation often 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.
There are also disadvantages to using mediation.
- If you do not feel on equal footing with your landlord, it may be challenging to negotiate a good agreement for yourself.
- If you are unable to maintain your position in the face of a stronger personality, mediation may not result in a fair outcome.
Most people settle cases before the trial begins, sometimes without the involvement of mediators. Many times, settlement occurs on the trial date. This happens because trials are time-consuming, risky, and expensive. They are also unpredictable. No one can be sure how a judge or jury will decide a case, and it is often better to reach your own settlement than to allow a judge to make those choices for you.
For this reason, you should know what your bottom line is for settlement of your case. There are a number of factors to consider:
- How strong is your case?
- If money is involved, what is the most or least you could gain in a court decision, and what is the lowest amount acceptable to you?
- What alternative settlement options do you have? For example, would you rather have money or stay in your home?
- Do you have any other goals, such as repairs or better security?
It is helpful to prepare a list of your goals to write into your settlement. Include in the agreement a timeline for action by your landlord or you. The more specific you are, the better.
The heart of settlement negotiations is the willingness, on all sides, to compromise. Try and think about what the other side wants to happen, and figure out which compromises you are willing to make to resolve your case and what compromises you are not willing to make. You will feel better about the decisions you make in settlement talks if you have thought your choices through in advance.
When you negotiate, be persistent. If you feel that you are losing control of your emotions or actions, ask to take a break in order to calm down and think clearly. You are allowed to do this. You can also ask for time out if you feel the other side is losing control. Try to have a friend or someone else with you when you negotiate so that you are not alone. When you are alone it is difficult to catch everything that is happening and it is very helpful to have another set of ears and eyes. If you are feeling pressured to sign an agreement, take time out to consider what your options are. If the other party has a lawyer and you don’t, the lawyer may argue that you can’t bring a civilian with you to negotiations. That’s not true.
While you cannot have a non-lawyer represent you in court you can have a non-lawyer with you during private negotiations or mediations.
If you reach a settlement, you must put it in writing and file it with the court as a settlement. Before you sign this document, read it very carefully. Be sure you understand its terms and can carry them out. In addition, once you have signed the agreement, it will be very difficult, if not impossible, to make any changes. At the request of either party, the settlement can be enforced by the court. For more help see Booklet 10: Negotiating a Settlement of Your Case. This booklet is specifically related to evictions but has very helpful worksheets and information.
The purpose of mediation is to arrive at an agreement that is agreeable to both sides. It is available in housing court and a number of district courts. Community groups also offer mediation services which you can use even before you get to court.
A mediator helps landlords and tenants through a focused discussion about how to resolve problems. It is a voluntary process. A mediator is not supposed to take sides or pressure people to mediate. A mediator will not be able to tell you if the agreement is good or bad. The mediator's job is to help people reach an agreement, but not to make recommendations on the substance of the agreement.
Some mediators are trained in landlord-tenant law, others are not. Unlike a judge, a mediator is not required to know the law. While it may be acceptable to minimize the legal issues in your negotiation for a fair 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 something because you are unaware of what your rights are. Remember, the mediator is not there to give advice or protect your rights.
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 and your case is in court, you still have the right to use the court system. Everything said in court-connected mediation is confidential and cannot be used in court.39 If information from the court’s mediation is used in court, be sure to object to its use by asking the judge to disregard it.
Many courthouses provide mediators. Housing courts have mediators on staff to mediate landlord-tenant cases. The mediators are called “Housing Specialists.” District courts may also have mediators available, and you can ask the court clerk to find out how to schedule mediation in your case.
There are also independent neighborhood agencies that provide mediation for a small fee or for free. You can use these services before something goes to court. A list of Mediation Services is in the Directory. You can take a friend to mediation if you need help negotiating or want support.
There are several advantages to using mediation instead of going to court.
- You can create an agreement that is tailored to the exact needs of the parties instead of asking a judge to decide. Taking your case to the judge means you give up control about the outcome.
- Mediation often 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.
There are also disadvantages to using mediation.
- If you do not feel on equal footing with your landlord, it may be challenging to negotiate a good agreement for yourself.
- If you are unable to maintain your position in the face of a stronger personality, mediation may not result in a fair outcome.
Most people settle cases before the trial begins, sometimes without the involvement of mediators. Many times, settlement occurs on the trial date. This happens because trials are time-consuming, risky, and expensive. They are also unpredictable. No one can be sure how a judge or jury will decide a case, and it is often better to reach your own settlement than to allow a judge to make those choices for you.
For this reason, you should know what your bottom line is for settlement of your case. There are a number of factors to consider:
- How strong is your case?
- If money is involved, what is the most or least you could gain in a court decision, and what is the lowest amount acceptable to you?
- What alternative settlement options do you have? For example, would you rather have money or stay in your home?
- Do you have any other goals, such as repairs or better security?
It is helpful to prepare a list of your goals to write into your settlement. Include in the agreement a timeline for action by your landlord or you. The more specific you are, the better.
The heart of settlement negotiations is the willingness, on all sides, to compromise. Try and think about what the other side wants to happen, and figure out which compromises you are willing to make to resolve your case and what compromises you are not willing to make. You will feel better about the decisions you make in settlement talks if you have thought your choices through in advance.
When you negotiate, be persistent. If you feel that you are losing control of your emotions or actions, ask to take a break in order to calm down and think clearly. You are allowed to do this. You can also ask for time out if you feel the other side is losing control. Try to have a friend or someone else with you when you negotiate so that you are not alone. When you are alone it is difficult to catch everything that is happening and it is very helpful to have another set of ears and eyes. If you are feeling pressured to sign an agreement, take time out to consider what your options are. If the other party has a lawyer and you don’t, the lawyer may argue that you can’t bring a civilian with you to negotiations. That’s not true.
While you cannot have a non-lawyer represent you in court you can have a non-lawyer with you during private negotiations or mediations.
If you reach a settlement, you must put it in writing and file it with the court as a settlement. Before you sign this document, read it very carefully. Be sure you understand its terms and can carry them out. In addition, once you have signed the agreement, it will be very difficult, if not impossible, to make any changes. At the request of either party, the settlement can be enforced by the court. For more help see Booklet 10: Negotiating a Settlement of Your Case. This booklet is specifically related to evictions but has very helpful worksheets and information.
39. See Massachusetts Guide to Evidence, § 408(a)(2) (2024); Supreme Judicial Court Rule 1:18: Uniform Rules on Dispute Resolution. See specifically Uniform Rules on Dispute Resolution 6(f)(iii) and 9.