Landlord and Tenant Rights and Responsibilities Article
Frequently Asked Questions about Mediation
What is mediation?
Mediation is a voluntary and confidential way for people to resolve their disagreements. During mediation, people meet at a safe and neutral place to discuss their options for effectively resolving their problem. One or two mediators guide the process to help keep communication respectful.
Why should I try mediation?
Mediation can be an effective first step in trying to resolve a conflict. It saves time, money, and energy that might otherwise be spent tangled in a frustrating legal process. In mediation, people in conflict decide for themselves the solution that is right for them. Mediation helps people clear the air so they can preserve their relationship, which otherwise might be damaged if they went to court.
What situations can be mediated?
- Neighbor issues: property-line disputes, animal noise, shared walls, trees
- Landlord/tenant problems: money owed, payment plans, deposits, refunds, back rent
- Family conflicts: decision making about care of aging parents or other family members, communicating with teens
- Real estate disputes: earnest money, non-disclosure of damage
- Small claims: property damage, money owed
- Business issues: partner disagreements, client complaints
- Employee conflicts: office issues, coworkers who don’t get along
- Personal injury claims: auto accidents, premises liability
- Domestic relations: divorce and child custody
- Group decision making: neighborhood associations, community organizations, schools, clubs, boards of directors
What does a typical mediation look like?
Participants meet with one or two mediators, who explain the process and ask them to agree to some guidelines for respectful communication. Each participant will have an opportunity to share his or her side of the story, what the participant wants, and what he or she is willing to do to help solve the problem. The mediator(s) will listen and ask questions, making sure that the participants are clearly hearing and understanding each other. If the participants reach an agreement, the mediator(s) will help ensure that it is fair and specific.
Who are the mediators?
Mediators are a diverse group trained to be unbiased and neutral. They help people communicate effectively but do not take sides or review evidence.
Is mediation legally binding?
Participants create a written agreement and each receives a copy. Some agreements reached in mediations involving money, personal injury claims, business disputes, domestic relations, or real estate can be legally binding. Mediation agreements reached in other less formal disputes (such as animal noise complaints) may not be enforcible in court. Nonetheless, statics show that most of these informal agreements remain in force long after they were entered into by the participants.
How long does a mediation take?
Most mediations sessions are scheduled for two to four hours.
Who/what should I bring to the mediation?
Participants bring only themselves, though they may bring a spouse or partner who is affected by the problem as well. You may bring information such as logs or photos that you can use to help the other participant understand your point of view. Other people who might be helpful to the mediation may attend, but only with prior approval of both participants. Attorneys sometimes attend mediations arising from formal disputes. Where the disputes is more informal the participants normally represent themselves.
How much does a mediation cost?
It depends on the organization doing the mediation and the type of dispute between the parties. Private mediators generally charge an hourly fee. Mediation services offered through the court system or a community mediation service are often available for free or at a nominal charge.
I’m having a conflict with someone in another state. Can mediation be done via phone?
Yes, mediation services often can be provided via conference call or web-based video conferencing platforms.
Will the mediator discuss my case with anyone else (attorneys, law enforcement, case workers, etc.)?
The entire mediation process is protected by law as confidential. Except for unusual circumstances such as actual or threatened violence during the mediation, or evidence of abuse of a minor or vulnerable adult, mediators are prohibited by law from discussing your case with anyone without your permission. Mediators and their case files may not be subpoenaed without a court order.
Contributing Attorney: Dan Westerburg is one of many volunteer mediators at The Center for Community Dialogue a program of Our Family Services in Tucson.
Comments:
QUESTIONS
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What happens if a landlord fails to give an itemized list of damages, and the amount owed to landlord in the 14 day period?
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I rented my houseout Nov 15 2008, and the rental agreement expires on Nov 15th 2013, Is it legal for the tenants to give me a 30 day notice of termination of rental agreement? What do I need to do? What is the law for that?
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My apartment is taking over by Roaches and I mean it's an infestation. I have tried buying everything and my landlord won't Spray and hire and Extermination Company what are my rights? Thanks in advance
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we have a mold problem from the managers meintenance man doing cheap labor causing mass flooding in the walls. she claims after multiple times thebproblem is fixed. the watee is also making us sick. my other half lives here and is pregnant. we also have a 3 year old. the manager claims there is no mold, but i have 2 samples of black and all sorts of colors. i want to get out of here but the manager threated to bill us 3 thousand for damages thats by her hands not ours... and i gave her many chances to fix the problem and it never gets fixed, she only covers up her tracks. what can i do?
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2 of the burners on my stove have gone out. I notified management who is just going to replace it instead of repairing it. They sent someone to remove the stove on Thursday 9/24/15. It is now Saturday 9/26/15 and we have no stove. The vendor says it will be Tuesday 9/29/15 before we have a stove. Can i turn in receipts for food expenses while we are without a stove? Rent is due on 10/1/15 and I'd like to subtract a reasonable amount from my rent for these expenses since I can't cook at home.
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I was living in a place in az, i gotreally sick (Almost died) so i talked to management & they let me outta the lease. I received my damage deposit & a paper stating i owe nothing. Then 1-2years later i got a bill for $588.00 they said that the manager made a mistake as far as letting me outta of the lease. Can they bill me after that much time has passed?
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I received an email saying where to leave the keys and that inspection would be done the next day when I was never aware that I had to leave the property I was renting so I called the number given in the email and was told I was sent a letter back in August notifying me of action. they said letter was received but we had no idea of what letter. now we have to get out in 5 days since they said we already had 60 days to move out or next step will be an eviction notice from court which fees will have to be paid by me.wha can I do?
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My toilet and shower are both not in working condition. Water is coming up out of the drain in my shower and my toilet ng is unable to flush. Is there a time limit for which the complex has to fix it? What do they have to do until they do fix it? What are my rights?
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The windows in the bedrooms of our one story do not open, isn't that illegal because it's considered a fire hazard?
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I leased a house and because of my credit was told if I wanted to rent it, I had to pay, at move in, the first months rent, deposit of one month and a full second month rent, so a total of 3 months rent. I believe that is illegal. Second issue, the house sold and the management company only transferred 1 months rent to new owners as my deposit, not 2 mo. I asked them about it and they never got back to me saying they had to locate the rent roles. I recently brought it back up with them and was told "Nothing we can do, we are done with that property:" How can I get my money back from them?
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