Eviction Mediation Program

PROBLEM TO BE ADDRESSED

MWI’s Eviction Mediation Program works to prevent homelessness by helping low-income and disadvantaged tenants to reach mutually beneficial agreements with their landlords through mediation on the hearing day and prior to having a trial.  Homelessness is often associated with rising housing costs, wages that have not kept pace with housing costs, and an increase in single-parent households with low earnings.  Low-income tenants facing eviction often appear before the court without legal services. With an average of 15 to 30 eviction cases for a judge to dispose in any one session, the judge often has little choice but to rule in favor of the landlord who is well prepared and against the tenant who is not. In the end, both landlords and tenants lose with an eviction. Landlords who "win" an eviction case rarely collect back rent, court fees, and moving and storage costs. The landlord's loss diminishes the chance that they will rent to another low-income tenant. The tenant also faces substantial financial losses through an eviction. And these financial losses are insignificant compared to the state in which the eviction process often leaves the tenant, namely, homeless.  MWI’s target population is families who have exhausted other resources and/or are unaware of available services.  When needed, our constituents are provided bi-lingual mediators who are able to address their specific needs.  A substantial percentage of tenants MWI serves in eviction mediation cases earn incomes between 100% and 185% of the 2011 Federal Poverty Income Guidelines ($22,350 and $41,348 per year on average for a household of four.)

MWI'S APPROACH/METHODOLOGY

MWI sends mediators to each and every eviction session of the 11 District and Municipal Courts we serve throughout the Commonwealth.  Each mediation team consists of two professionally trained and experienced volunteer mediators who work together to provide mediation services to parties called to the courts.  MWI Mediators meet early at the court to prepare for mediation and are present in the courtroom at the call of the list.  Once the list has been called, the Judge refers cases to the team of MWI Mediators who leads the tenant and the landlord, plus any other attending parties, to the mediation room.  The mediators then explain the mediation process to the parties so as to clearly define the role of the mediators and the parties.  The mediators start the session with the both parties in the room and will meet with each side in confidential separate meetings as necessary.  If the parties reach agreement in mediation, the mediators will write the agreement, which once submitted to the court, has the binding effect of a judgement of the court.

EXPECTED OUTCOMES

MWI’s Eviction Mediation Program takes a comprehensive and long-term approach to preventing homelessness by helping low-income tenants and their landlords reach an outcome that prevents the tenant from losing their home and provides the landlord with a plan that enables them to continue renting to the tenant.  In a typical year, MWI will serve 760 tenants and landlords in 345 cases, with 85% of all cases reaching a mutually beneficial agreement.

For more information about MWI's Eviction Mediation Program, please contact Chuck Doran, Executive Director at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or 800-348-4888 x22.