MEDIATION DURING SHELTER-IN-PLACE

Like everything else, mediation programs have been greatly impacted by shelter-in-place recommendations.

In many states, courts are in recess or very limited, so the number of court-referred mediations is reduced. As a result, many forms of face-to-face mediation are less likely now in states where safety conditions can’t be met. That, of course, has led to an increased need for telephonic and online mediation.

One example of change is the growing need for landlord-tenant mediation. In some locales both residential and commercial tenants have struggled to pay their rents, and while some states have prohibited evictions, tenants and landlords have issues that need to be resolved.

In San Francisco the Lower Polk Tenant Landlord Clinic has experienced a rush of calls not only from the Lower Polk district, but other San Francisco neighborhoods as well. The clinic does not provide legal advice but provides information and mediation. Landlords and tenants need help in interpreting and applying the changing tenant protections. The mediation that is provided helps prevent any legal action and limits the costs associated with these disputes.

This example will illustrate their service: A tenant could not pay her April rent. The mediator listened to her situation and explained the city’s COVID-19 eviction protections in terms she could understand. A subsequent conversation (mediation) with the tenant and landlord occurred and the parties agreed on next steps. The mediator later followed up with both parties to ensure their agreement was moving forward and properly documented. Legal action and additional expenses were avoided and a positive tenant-landlord relationship was maintained.

Local community mediation centers and individual mediators may be available to help parties facing any form of shelter-in-place misunderstandings and conflicts. If you find yourself in a difficult situation, reach out for help.