Can we talk? Mediation is a calmer, quicker, and more cost-effective solution for housing disputes

Mediation -- particularly in housing provider-renter matters -- is a growing yet underutilized field that aligns with many of today's emerging attorneys' values and goals: efficiency, empathy, social impact, and practical problem-solving. 

Across California jurisdictions -- including Alameda and 14 others -- a quiet revolution is underway: landlord-tenant conflicts, from unpaid rent to unsafe conditions, are being resolved not in courtrooms but through dialogue.

As a professional mediator, I hope that more new attorneys will become aware of the benefits of this form of alternative dispute resolution, thereby giving their clients the opportunity for a more peaceful, positive, and proactive resolution to housing disputes.

Yet, even in legal circles, the role and advantages of mediation are not always fully understood.

The heart of the matter

As you know, each party in a dispute has both positions (demands) and interests (what they truly want and the reasons behind it). One way I help clients reach an agreement is by shifting focus from positions, which are almost inevitably adversarial and aggressive, to interests, which are deeply human and personal. I get each party to articulate not only what they want and need, but what they feel is standing in the way. Identifying the roadblocks is often the first step to clearing them, making space for a resolution.

I'm not a trained fighter, I'm a trained peacemaker. I want what parties feel is a fair and sustainable resolution -- to help the parties find a way through their differences to connection, common ground, and a mutually satisfying compromise.

But to get to this point, you first need to know the story. I do a pre-mediation conference with each party to get them talking, to peel back the layers and uncover what's truly important to them. I'm interested in each person's journey, how they got here, and their fundamental point of view. I try to listen deeply, empathize, understand both sides; to hear the subtext in their disagreement, and identify the underlying issues--what they feel is at stake and why.

Mediation is confidential. Things said during mediation cannot be used against the parties in court, so a freer-flowing discussion is possible if we can bring down the barriers and get them to open up.

Mediation: more streamlined, flexible, and personal; less expensive

Litigation -- especially the summary proceedings frequently used in housing disputes and eviction cases -- can move quickly, sometimes going to trial in under 30 days. It's fast but adversarial, often inflaming tensions between the parties, and can get very costly for both parties. (Defense attorneys charge hourly; plaintiff firms may operate on contingency.)

Mediation can happen on a similar or even shorter timeline, but before trial, ideally avoiding court altogether. (I frequently work with referrals from code enforcement, prior to a lawsuit being filed.) The overall process is far less cumbersome and aims to reach a resolution by de-escalating conflict.

That's my focus: early dispute resolution, which involves reaching an agreement, sometimes through a very creative solution, and eliminating the need for a contentious and expensive court battle. Now, a solution may not happen the day we sit down together, but I'll take my time and keep coming back to the table, talking to the parties.

This may seem counterintuitive, but it's true: mediation is slower, but it's faster. It takes patience, but it's more streamlined and usually less stressful. Like the tortoise and the hare -- the calmer, steadier, more deliberate and thoughtful approach can actually win the race.

Unencumbered by bureaucratic red tape, mediation is responsive and personal, a kind of "white glove" service. It fosters transparency and positive communication, aiming to de-escalate conflict and build bridges. This is especially useful in cases where the parties must continue to co-exist or cooperate, when keeping or restoring the peace is preferable, such as in family disputes and landlord-tenant cases. A lawsuit can stoke anger and resentment, leaving bad blood; mediation can turn down the temperature.

Further, by avoiding court calendars and backlog, piles of paperwork, and official filings, mediation significantly streamlines the resolution process. That lowers costs for both sides and provides greater accessibility and affordability for a wide range of clients.

Mediation is also well-suited to modern modes of communication. We can conduct mediation online. This has been highly successful for me and my colleagues. It's also important to mention that the dialed-down conversational space can be particularly helpful when there are language barriers, as often happens in housing provider-renter cases.

In housing disputes, small problems can rapidly become complex, personal, heated, and high-stakes (a lack of hot water, the threat of homelessness). Yet the straightforward solutions that mediation can yield often serve all parties best: 

Tenants get issues fixed faster, avoid the threat of eviction or retaliation, keep their housing, and restore the working relationship with the landlord.

Landlords find simple fixes to resolve issues out of court, retain tenants, and avoid steep legal fees.

Ultimately, the whole system benefits -- sending cases like these to mediation takes pressure off the courts and nurtures community harmony and stability. Mediation addresses access to justice, runaway jury verdicts, housing insecurity, health and safety issues, and court backlogs. In a time of escalating housing crises and frustrating court backlogs, the answer to landlord-tenant conflict isn't always a lawsuit. Sometimes all you need is a neutral third party, a willingness to talk it through -- and a working water heater.