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Pre-filing Mediation Works!
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From March 18 to December 31, 2002, 69% of the cases where mediation was requested settled without a court appearance, payment of a filing fee or court record of the action.
EXPLANATION OF MEDIATION
In mediation you will meet with the other party and a mediator. The mediator is not a judge and will not decide on the solution, but will help enable the parties to reach an agreement; to be a part of the solution.
If the parties do not reach an agreement the mediator will schedule the next hearing and provide both the tenant and landlord with the proper forms.
EXAMPLES OF LANDLORD/TENANT ISSUES WHERE MEDIATION HELPS:
- Non-payment of rent
- Repair and maintenance issues
- Leave violations
THE MEDIATION PROCESS
- Filing party requests mediation
- The request is sent to the mediation program
- The parties are contacted by a mediation program and, if both agree to meet, a mediation hearing is scheduled.
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WHAT HAPPENS IF...
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BENEFITS OF MEDIATION
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THE DISPUTE IS SETTLED:
The vast majority of mediations result in a settlement agreement signed by both parties. No court case is filed. No filing fee is paid. No court record (Unlawful Detainer) of the action exists.
THE DISPUTE IS NOT SETTLED:
The parties may accept, at the time of mediation, to appear in court in seven days (saves service fee). The case will be one of the first handled on the day of court (saves both parties time in court).
If parties are not willing to mediate, the case is referred back to District Court. A summons will be prepared and served directing parties to appear in court on a future date. The case will be one of the first called on the day of court (saves both parties time in court).
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TO THE LANDLORD:
- No filing fee if case settles
- Priority status on calendar if case does not settle (saves time in court)
TO THE TENANT(S):
- No court record of an eviction action filed against you (A record of an eviction action filed against you may have a negative impact on your ability to rent for up to ten years.)
TO BOTH PARTIES:
- Parties reach their own agreement
- Quick
- Equal say in the solution
- Low or no costs
- Convenient hours and locations
- Less Stress
- Informal
- Enhances possibility of a workable future relationship
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Hennepin County District Court encourages the use of mediation to settle disputes.
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