Tenant Guide to Mediation

Tenant Guide to Mediation

What is Mediation?

• Mediation is a negotiation between you and your landlord to try and settle or resolve your case.
• The negotiation is led by a neutral mediator, not a judge, who will try and help you reach a compromise.
• Mediation may be remote or in person at the Multi-Door Dispute Resolution Division.

When do I go to mediation?

• After the first hearing on your case, the court may order mediation. The Court sets a time for you and your landlord to meet with the mediator. If the court orders mediation, you must attend mediation.

How does mediation work?

• The mediator will listen to each party explain its side of the story and what each is hoping to accomplish. Then the mediator usually will discuss the case with you while the landlord waits outside the room. Then you & your landlord will switch places. The mediator will try to help both sides reach an agreement, known as a settlement. You may want to discuss any agreements or payment plans you think are already in place. Written agreements are easier to enforce later on.

Do I have to settle my case in mediation?

• No, you do not have to settle your case if you and your landlord cannot reach an agreement. You can also settle later. If you and your landlord cannot agree on how to resolve your case, your case may go forward in a number of different ways, including trial.

Questions? Call LTLAN (202)-780-2575

My Landlord proposed a settlement - now what?

You are NOT required to sign anything.

A settlement agreement or other agreement with your landlord is one way to resolve your case, but it is not the only way.

What is a settlement agreement?

• A settlement agreement is a binding agreement between the landlord and tenant about what actions will be taken to resolve your case. While a judge might have to approve any settlement you reach, the landlord and tenant create the terms of the settlement.

A tenant may agree to...

• Move out after a certain period of time
• Pay back rent over a period of time
• Pay rent on time for a certain period
• Behave in a certain way (ex. reducing trash in the unit) for a period of time
• Make sure unauthorized occupants leave the unit
• Any other promises agreed upon

A landlord may agree to...

• Give the tenant a neutral reference
• Not raise the rent for a certain period of time
• Not collect some or all of the back rent owed
• Make repairs by a certain date
• Any other promises agreed upon

What happens if someone breaks the agreement?

• If a tenant fails to take the agreed upon actions, it could lead to negative consequences, including eviction.
• If a Landlord fails to take the agreed upon actions, you could ask the court to make them fulfill their promise, but you may still have to comply with your end of the agreement during this process.

If I do sign something, can I get out of it?

• Once a settlement is filed with the court, it is almost always final and enforceable by either side. There must be a very strong argument to set aside the agreement.
• Claiming you did not understand the agreement or did not have any other options is rarely enough to set aside the settlement.