Early Eviction Mediation (EEM)

What is EEM?

Tenants and landlords have a unique business relationship. When it works, both benefit. However, when tenants can't pay their rent and communication breaks down, landlords generally file for eviction.

Mediating early, on the other hand, before an eviction is filed, can help the tenant and landlord talk with the help of an impartial mediator, and reach mutually satisfactory agreements that preserve the relationship, enabling the landlord to be paid and the tenant to remain housed.

Why Mediate Early?

Free
There is no cost for landlords or tenants to participate in early mediation.

Quicker scheduling
Mediation sessions can be scheduled within 3-5 days when landlords and tenants are flexible.

Avoid Court
By not going to court, tenants won't have an eviction on their record and landlords can maintain their rental income.

Payment Plans and Other Agreements
Payment plans agreed to in mediation enable the landlord to be paid the rent owed as well as rent moving forward if the tenant remains in the residence.

What Can I Expect?

If English is not a participant's primary language, The Mediation Center of the Pacific (MCP) will provide an interpreter.

Meetings are held remotely through Zoom. If a participant does not have internet access, MCP will provide access at its office.

A mediation session will be scheduled for 1½ hours at a day and time agreed to by landlord and tenant.

If you reach an agreement, the mediator will put the agreement in writing to be signed electronically.

If no agreement is reached and an eviction process is filed, MCP will provide the landlord and tenant(s) with a Mediation Status form to show the judge that mediation was attempted.

Advantages to EEM

Tenants
Remain in the residence or have time to find a new place to live

Landlords
Avoid the time delay and cost of going to court

Landlords & Tenants
Resolve the matter quickly and cost-effectively
Preserve their business relationship
Improve communication and trust

Mediation Process

Mediations will be conducted remotely via Zoom, except for limited in-person cases. Participants will need a computer with broadband internet (at least 600kbps, but 1.2Mbps preferable), a computer with speakers, microphone, and webcam. If you do not have the equipment, you may come into MCP’s office to use the equipment in a private room. For tips on how to effectively participate in mediation when it’s online, read these Tips for Remote Mediation.

Mediations will be scheduled for one 90-minute session, Monday through Friday between 9:00am – 4:00pm. Participants must arrive on time and be prepared.

You are required to electronically sign a Confidentiality Agreement that will be emailed to you before the start of your mediation. The Confidentiality Agreement reinforces that the mediation discussions are confidential and cannot be later shared by the mediators or the participants in a formal legal proceeding if the issues are not resolved in the mediation process. Anyone who was not previously scheduled to mediate in the session may not participate or be in the same room with you while you are in the mediation.

How to Prepare for This Mediation

  • Arrive on time. Click on the Zoom link 5-10 minutes before the start of the mediation. Wait for the mediator to admit you.

    If you have documents such as a lease agreement, schedule of back rent, or rental assistance application that you feel would be useful to refer to in the mediation, please have the documents scanned or available as a pdf to share electronically with the mediator.

  • Think about potential outcomes that will meet the needs of both landlord and tenant. Write down what you can offer during the mediation and what you are not able to do. For example, what is a reasonable timeline for payment plans? Are you willing to take less? Will your financial situation change in the future that would enable you to increase your payments? What are your plans for the residence?

  • Be prepared to listen with an open mind. Listen to and learn about the other participant’s perspective and consider their proposals. They might offer solutions you haven’t considered or didn’t know were possible and that work for you.

  • Commit to the process. When you participate in the mediation, commit to working out a resolution. Mediation is not a checkbox, but a powerful process that can help you come to an agreement that will enable landlord and tenant to move forward and avoid the legal process of eviction.