Mediation Works Incorporated (MWI) is a private, 501(c)3 non-profit dispute resolution service and training organization dedicated to helping clients resolve difficult disputes since 1994. 

Program Overview: MWI’s Eviction Mediation Program prevents homelessness by assisting low-income tenants in reaching mutually beneficial agreements with their landlords by discussing their differences and working out agreements that meet the needs of both parties.

Problem to be addressed:  Black’s Law Dictionary defines “summary process” as, “such as is immediate or instantaneous, in distinction from the ordinary course, by emanating and taking effect without immediate applications or delays.  In Massachusetts, is a term used to describe action for eviction of a tenant.”  With an average of 15 to 30 cases for a judge to dispose in a morning, the landlord (who is usually represented by an attorney) and the tenant approach the bench with only a few minutes to present their cases. A judge has often little choice but to rule in favor of the landlord who is well prepared and against the tenant who is not.   

Tenants who attempt to negotiate a settlement with their landlord or their landlord’s attorney statistically fair worse. Tenants are often unaware of their rights and the landlord's responsibilities regarding their tenancies.  Unfortunately, the courts do not have the time or resources to inform each tenant of their rights and fully explore the circumstances that led to the eviction.  Tenants are often too intimidated and ashamed of their situation to voice their objections and as a result, they enter into unfair settlement agreements and leave the court with an order to vacate their home in ten days or they will be forcibly removed.  A majority (90 %) of the clients we serve typically have incomes between 100% and 150% of the Federal Poverty Income Guidelines ($7,360 to $11,040 per year on average).

In the end, both landlords and tenants lose with an eviction. Landlords who "win" an eviction case rarely collect back rent, court fees, moving and storage costs. The landlord’s loss greatly 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.

Solution:  A third alternative available to parties is mediation.  In mediation, tenants and landlords are provided with an opportunity to discuss their differences and work out a resolution that meets the needs of both parties.  Mediators work with both parties to identify all issues, concerns and needs necessary to reach a mutually acceptable agreement.  Resources will be available at the mediation to inform tenants of their rights and landlords of their responsibilities.  The court will hear cases that are not resolved in mediation the same day.  Regardless of the outcome of the mediation, all tenants will be directed to information and assistance to keep them stable and housed. 

Mediation Works Incorporated has a commitment from the courts, a proven track record, and a roster of volunteer mediators who are trained, ready and willing to mediate.  Unfortunately our most formidable challenge is not preventing homelessness, but finding the resources to carry on our work.

click here to support MWI’s Eviction Mediation Program

click here for an overview of MWI’s Public Service Initiatives

For more information about supporting MWI’s Eviction Mediation Program, please contact:

Charles P. Doran, Executive Director 
Mediation Works Incorporated 
4 Faneuil Hall - Fourth Floor 
Boston, MA 02109 

Phone:   617-973-9739 x22 / 800-348-4888 
Fax:       617-973-9532 
E-mail:  cdoran@mwi.org 
Web:     www.mwi.org