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Freeing the Parties From the Law: Designing an Interest and Rights Focused Model of Landlord/Tenant Mediation

Kurtzberg, Joel; Henikoff, Jamie. Journal of Dispute Resolution, Jan. 1, 1997

Defending mediation from critiques that mediation hurts the poor and disempowered by ignoring the legal rights put in place to protect them, the authors point to research that finds that in landlord/tenant cases mediation better serves the interest of the tenants than adjudication. This is derived from a study comparing the experiences of tenants whose cases were mediated to those whose cases were not. The study found that in non-mediated cases, landlords were more likely to be granted possession and less likely to have any conditions placed on them. Further, mediation reduced the likelihood of having an execution issue against the tenant.

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