For various minor issues between landlords and tenants, it is always preferable to first try and clear the problem directly with each other, rather than straightaway adopting the litigation route. However, if the relations have soured to a level where a face-to-face meeting looks improbable, or you have failed to reach a reasonable negotiated settlement, you should consider the option of landlord-tenant mediation in Massachusetts.
Mediation in landlord-tenant disputes will almost always prove to be the better solution because it is faster and more affordable than a lawsuit, involves far lesser stress, and usually produces a resolution that lasts.
As a landlord or a tenant, if you find that the other party is a high-conflict personality and there seems to be no way to have an amicable negotiation over a dispute, you should enlist the services of a knowledgeable and experienced Massachusetts mediation attorney who will know how to bring both parties to the negotiating table and facilitate a mutually acceptable solution.
When is Mediation Best to Resolve Landlord-Tenant Disputes
Mediation in Massachusetts makes particularly good sense to resolve disputes with your landlord or tenant when:
- The landlord is unaware of the poor services that the property management company or a resident manager has been providing, and you want the landlord to recognize this problem.
- You believe that the tenant is unaware of their legal duties and responsibilities to protect your property or to pay the rent on time, and you want the tenant to under the potential consequences under the law and abide by the terms of the landlord-tenant agreement.
- You have known the landlord or tenant for a fair amount of time, and you have some confidence in their basic decency and think that resolution is possible.
- You believe that your landlord or tenant is pragmatic enough to want to avoid litigation, which would be a lose-lose situation in your case.
Why Mediation Succeeds in Landlord-Tenant Disputes?
Naysayers are often surprised to find that landlord-tenant mediation in Massachusetts has such a high rate of producing successful resolutions to disputes. One of the key reasons is that mediation, by design, paves the way for the emergence of a cooperative spirit rather than an adversarial approach.
The very fact that both parties have agreed to mediate means that in the first place both the landlord and the tenant are willing to resolve their own problems. Moreover, as no arbitrator or judge is present who would control the outcomes, it reduces insecurity, defensiveness, and distrust on both sides. As a result, both landlord and tenant are able to adopt more conciliatory and mutually beneficial agreements.
Making Both Sides See Each Other’s Perspective
A lot will also depend on the skills and experience of your Massachusetts mediation attorney to help resolve contentious landlord-tenant issues through negotiation. As a neutral third party, the mediator will try to make both sides see the other’s viewpoint.
For instance, as a tenant, you may be withholding rent because of major repairs that are needed in the property. But the mediator may help you see that even the landlord is unhappy about the way your child or your guests have recklessly ruined the garden.
Ready to bring your case to a proven and trusted mediation expert? Call Shapiro Mediation Services today at (339) 298-7733 to schedule a free consultation with one of our mediators at our Massachusetts or South Florida office, or contact us online.