Landlord Tenant Mediation
Program OverviewThe Landlord-Tenant Mediation Program offers a new choice to people involved in eviction proceedings. Prior to appearing before a judge, parties may choose to first meet with a mediator to settle their dispute cooperatively. The program is a collaborative effort between Salt Lake Community Action Program and the Court-Annexed ADR Program. Every Monday, Wednesday and Friday afternoon, volunteer mediators provide mediation services to landlords and tenants at the Third District Court, 450 South State St., Salt Lake City before eviction hearings begin.
Mediation is a process where disputing parties meet together to resolve their differences through the use of a neutral third party, the mediator. As a dispute resolution approach, mediation has several advantages:
- It is informal and confidential.
- The final agreement is not imposed upon the disputants; instead they design it according to their own interests.
- Mediation is cooperative. There is no winner and no loser. Because the solution is designed by both parties, they have the potential to preserve their relationship when the process is over. In landlord-tenant cases, sometimes evictions may be stayed.
People may use the Landlord-Tenant Mediation Program in three ways:
1. They may request mediation at any time by calling and asking for the mediation scheduler. The mediation scheduler will contact the other party in the dispute to determine if they are interested in mediation. If both sides agree to mediate, an appointment will be scheduled and a mediator assigned. Parties will receive confirmation of the appointment.
2. A judge may refer a case to mediation if he or she deems that the process will produce a better outcome for the litigants than litigation.
3. Parties may also decide to use mediation prior to their hearing at the District Court.
Once both sides have decided to use mediation, they will sit down with the mediator and the other party. Each side will have an opportunity to express its perspective about the dispute. Then the mediator will help the parties assess their own interests and negotiate a settlement that is satisfying to both sides.
When an settlement is reached, the mediator will prepare a written agreement outlining the terms and conditions that the landlords and tenants have successfully negotiated. If the matter is before the court, the terms of the agreement will be forwarded to the court and turned into a court order.
Legal Representation: Utah Legal Services provides legal assistance to tenants at the court prior to eviction hearings. Should a tenant choose to use the mediation program, attorneys may also assist in the mediation session. In fact, their presence is encouraged.
Fees: Mediation services through the Landlord-Tenant Mediation Program are free. Professional mediators volunteer their time to this program as a public service.
Withdrawal: Participation in the Landlord-Tenant Mediation Program is voluntary, and parties may withdraw from the process at any time should the negotiations prove unsatisfactory. If parties are unable to reach a negotiated agreement, they simply return to court for a hearing.
If you are interested in using this program, or if you would like information regarding other housing issues, please call Josie Turner at the Community Action Program, (801) 359-2444.
Community Action Program
764 South 200 West
Salt Lake City, Utah 84101
(801) 359-2444Court-Annexed ADR Programs
Administrative Office of the Courts
450 South State P. O. Box 140241
Salt Lake City, Utah 84111-0241
(801) 578-3800
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