Mediation in eviction cases

How mediation works

Mediation can be a good option if you and your landlord (or tenant) disagree. The mediator will listen to both sides and help you come up with a solution you both can accept.

Some disagreements come from misunderstandings. Mediation gives you a chance to talk about the real problem—even if it’s not something listed in the court papers.

Mediation doesn't force agreement

You don’t have to agree. The mediator won’t make decisions for you or force you to settle. If you can’t agree, you can still go to court and have a judge or jury decide.

If you do agree, you can write up the agreement and won’t need a trial.

Mediation before trial

Some courts have mediators available on your trial date. You may be able to:

• Work out a move-out date

• Set up a payment plan

• Ask the landlord to make repairs

Ask your court’s Self-Help Center if same-day mediation is available. Mediation before trial can help you avoid having an eviction on your record.

Mediation benefits

Mediation offers many advantages:

• Less stressful than going to court

• Doesn’t have to happen at the courthouse

• Lets you come up with creative solutions

• Allows you to talk about things not listed in the lawsuit

• Is private and confidential

• Results in agreements people are more likely to follow

• Helps preserve relationships

Common mediation agreements

Every agreement is different. Here are some examples of what you might agree to in mediation:

• You stay in your home and cover certain costs (like bank fees)

• You move out by a set date and leave the home in good condition

• You pay back rent over time

• The landlord makes needed repairs

• The court won’t enter an eviction judgment if you follow the agreement

• The eviction won’t appear on your credit report

How to get ready

Prepare like you would for court. Bring papers, photos, or other things that help explain your side.

Think about:

• What you really want and what the other side might want

• Whether the landlord just needs a payment plan, not a move-out

• Any hurt feelings and why they matter

• Ideas you both might say “yes” to

• What you’re willing to accept to avoid a trial

💬 Tip: Talk to a lawyer about what a judge might decide. This can help you make a strong plan for mediation.

If you reach an agreement

If there’s no court case yet:

Write up a clear agreement. Make sure you both understand it. Give each of you a copy and follow what it says.

If there is a court case:

Write a formal agreement called a Stipulation and Order. File it with the court.

Make sure it says:

• What each person agrees to do (like pay, fix something, or move out)

• The deadline for each part

• When the landlord will dismiss the case if the tenant does what they agreed to

• That if the tenant doesn’t follow the agreement, the landlord can get an eviction judgment without another trial

• What happens if the landlord doesn’t follow the agreement

Form you can use

You can use Stipulation for Entry of Judgment – Unlawful Detainer (form UD-115) to write up your agreement.

⚠️ You can’t dismiss your case if you’ve already filed a judgment. Get instructions for how to dismiss your eviction case.