Looking Back: A Year of Mediation

Recently, we celebrated our first anniversary at Shelterwell, which also marks a year of mediating eviction cases in Oklahoma County. As we reflect on this milestone, I’d like to take a moment to reflect on a few things we have learned in that time.

Mediation is a process in which a trained mediator assists disputing parties in facilitating an outcome that benefits both sides. Not a decision-maker or an advocate for either side, the mediator is a neutral third party, guiding the conversation and negotiating a resolution. 

Mediation can be an excellent tool for family, civil, and even employment disputes, but it can be especially life-changing in eviction court. While there can be many causes for evictions, such as nonpayment of rent or lease violations, the overarching theme of every case I have mediated in eviction court is a lack of communication between the tenant and landlord. 

Overwhelmingly, what I have found as a mediator in eviction court is that the hardest obstacle to overcome is not the facts of the case or the differing characteristics of each participant but the broken stream of communication. While one may assume eviction mediation is emotionally charged, most disputes I have participated in rarely lead to lost tempers, aggression, or even raised voices. Most often, the disputing parties are simply hurt or offended by the perceived lack of transparency from the other side. When a mediator can break down the disagreement into simple terms, both sides can more easily empathize with each other.  

Mediation is much more than just walking into the room and asking the landlord, “Are you willing to allow the tenant to stay if they pay you? No? Well, I guess we’re done here.” It is about slowly fostering a conversation that allows both parties to speak, be heard, and be understood. 

Through my training and experience, the most helpful tool is to find any kind of base-level agreement to start negotiations. It may sound silly, but if we can both agree that the sky is blue, then we really aren’t that far apart, are we? And if you say the sky is brown, then I am sure, given your account of the story, I can at least understand why you may think that. And that’s a start. 

Let’s say a case is sent to mediation in which the tenant owes a month of rent, and the landlord no longer wants to wait for payment, which is their right under the Oklahoma Residential Landlord and Tenant Act.

From the landlord’s view, the tenant is dodging responsibility. From the tenant’s view, they are doing everything they can to stay afloat while the landlord refuses to empathize. In mediation, we start by asking the tenant if they agree they owe the money: 

• The tenant agrees, saying, “I do owe that, but here is why I couldn’t pay.” 

This often eases the landlord’s fears as they have heard, in person, the tenant take responsibility for the late rent. This acknowledgment from the tenant is often the first step towards mutual understanding.   

• The tenant disagrees, stating, “No, I do not owe that for this reason.”  

  This response is still very helpful, as it provides a starting point for a mediator to guide the discussion.

Even if the agreement involves the tenant moving out, mediation gives the tenant more control and lessens feelings of resentment. In this case, I am confident that an amicable agreement can be reached and, more importantly, the relationship can be repaired. In a world increasingly dependent on text communication, the simple act of speaking in person, especially with the help of a referee, can do wonders. 

Every eviction mediation is unique, but the benefits of mediation are clear. Landlords are more likely to recover back rent through an eviction mediation than through a judgment. Shelterwell mediations end in agreements 70% of the time. Most agreements resolve in a few weeks due to both sides adhering to the terms of the agreement. Nearly half of tenants evicted in Oklahoma County are removed from their residences within two weeks of an eviction case being filed. Mediation can offer tenants more time to move out or, in the best case, allow them to get back on track. In its ultimate form, mediation can make a lasting impact by repairing the line of communication between the tenant and landlord, leaving both sides confident about approaching any issues in the future.  

Through Shelterwell’s pre-filing mediation program, we can assist in mediating disputes before an eviction case is filed. Every tenant who has participated in this program has complied with their agreement and avoided an eviction filing. This means the landlord is receiving their back rent without spending time and money in court, and the tenant is avoiding an eviction filing on their record.

Mediation requires a good-faith effort from all sides to find a productive and successful way forward. Once that good-faith effort is made, the benefits of mediation are undeniable. Shelterwell is committed to providing this essential service to tenants and landlords throughout Oklahoma, as we work to ensure housing stability for all. 

Learn more about Shelterwell’s mediation services here.