This article discusses the eviction process and how conflict resolution can solve some of its inequities. A pilot eviction mediation program in Baltimore, Maryland found over 80% of participants felt heard, discussed all issues that prompted going to court, reached an agreement, and would recommend ADR to others. Another study of a mediation program in Northampton, Massachusetts, found that mediation resulted in 41% of tenants remaining in their homes. Even in cases where the tenant agreed to leave, many times parties reached a negotiated date to vacate the property, offering the tenant time to find new housing and avoiding the trauma of law enforcement vacating the property.
The article also discusses the ethical challenges of mediation eviction cases. Ethical challenges addressed include impartiality, neutrality and party self-determination of mediators, and role-slippage from mediator to advisor. Potential solutions addressed include using lawyers or non-lawyer “navigators” who can advise tenants of their legal rights and possible strategies to use, having lawyers available at the courthouse, or having a legal aid office or tenant advocate available. The article advises against mediators serving this role in any case.