This article discusses the benefits and disadvantages of using mediation as an alternative method of resolving an unlawful detainer lawsuit. 

What is Mediation?

Mediation is a form of alternative dispute resolution in which a neutral third person helps the parties reach a voluntary settlement of a dispute. It is an informal process in which the mediator facilitates the exchange of information so that the parties fully understand each other’s position in the matter.  Everyone works together to reach an agreement instead of having the judge decide.

The Pros of Mediation

Mediation has many potential benefits.  Specifically, mediation:

Is less stressful than going to court

Gives you time to come up with creative solutions

Is private and confidential

Helps preserve the relationship between the parties

Can protect the tenant from having an eviction judgment on their record.

Avoids the uncertainty of a trial

The Cons of Mediation

Mediation has several disadvantages, including the following:

There is no formal mechanism for the parties to procure evidence and call witnesses.

There are no formal rules for the process, which can often result in an impasse.

The parties might spend significant time, money and resources attempting to settle, only to find that resolving a dispute through mediation is impossible and that they will need to go to court after all.

An unsuccessful mediation can make it more challenging to win in court

Common Agreements in Mediation of an Eviction Cases.

The major issue in any eviction case is possession of the premises.  Another common issue is the payment of back rent owed by the tenant.  Accordingly, a mediated settlement may allow the tenant to continue to live in their home for an agreed period of time.  The settlement can also require making back rent payments to the landlord over time. The parties could also agree that the eviction won’t show up on the tenant’s credit report.

In eviction cases, mediation is typically resolved by way of a Stipulation and Order filed with the court.  There is an approved California Court form used for this purpose (Form No. UD 115)  The Stipulation and Order memorializes the agreement reached by the parties.  It typically spells out what each side is promising to do (like pay the back rent, fix something that’s broken, or move out), the due date for complying with the obligation, and the consequences of the respective parties’ failure to perform.  If the tenant doesn’t do what they agreed to, the Stipulation and Order will allow the landlord to get an eviction judgment from the judge right away without another trial.

Cost of Mediation

Many California courts provide a court-directed mediation program for eviction cases for little or no cost to the parties.  Mediation can be expensive if arranged outside the judicial system.  Skilled mediators charge hourly rates in the range of $200-$600 per hour. 

Preparing for Mediation

Preparing for mediation requires the parties to know applicable law and how it applies to the case. You’ll need to organize your documents, photos and other evidence needed to prove your case.  You should also formulate a settlement position that would be acceptable to you instead of proceeding to trial. 

Please contact Lynx Legal Services with any questions regarding the above, or if you are ready to start a case.  We can be reached at 925-237-9216, or online at [email protected].  You can also schedule a telephonic consultation with one of our representatives by clicking “Schedule a Consultation” on our website.