By Leandra Ramos | Programs Director - Mediation Services
Carolina, a landlord in Chicago, and Rachel, her tenant, were referred to CCR for mediation of an eviction case.
The virtual mediation started off tense with Rachel immediately calling Carolina a “slum lord” and listing all the issues with the rental property. Carolina took offense to the name calling and allegations. As Carolina shared her perspective on the issues at the rental property, Rachel continuously interrupted Carolina. Carolina threatened to leave the Zoom meeting because she could not stand to be disrespected in this way. Carolina strongly felt that Rachel’s words did not paint an accurate representation of the situation and wanted to say her part. Furthermore, Carolina stated she came to the mediation prepared to waive all back rent and costs that Rachel owes her, but due to Rachel’s disrespectful behavior, Carolina was now seeking full payment of $5,500 plus court costs.
The mediator quickly identified that respect was of utmost importance, so they chose to focus the conversation on this topic. Through asking both parties about their perspectives on respectful communication and the role it plays in their relationship as landlord and tenant, Carolina and Rachel began to specifically share what they each needed from each other. For Carolina, it was imperative that she was allowed the space to speak without interruption and that Rachel made an honest effort to listen to her point of view. For Rachel, she wanted the assurance that Carolina would take her concerns seriously. Rachel shared that a lack of responsiveness on Carolina’s part had made her lose trust and therefore she had been unmotivated to show respect.
The mediator spent time highlighting the parties’ different understandings of respect and aiding the parties in recognizing the ways in which their differences impacted their dynamics. After listening to each other without judgement, both Carolina and Rachel apologized for the impact of their unintentional acts of disrespect. It became clear to the mediator that the established communication pattern between the parties, along with the heightened emotions, had made it impossible for them to have a productive conversation on their own. The presence of a neutral facilitator allowed Carolina and Rachel to problem solve and work together – a first for them.
Once in a productive space, Carolina and Rachel brainstormed together about feasible options to possibly resolve the pending eviction matter. Both parties did not want to continue the tenancy. Carolina suggested a move-out date just one week after the date of mediation. However, Rachel already had plans to move-out two and a half weeks after the mediation, and the parties were able to agree on the longer move-out date. Carolina continued to ask for $5,500 in back rent plus court costs. However, Rachel made it clear that she could not afford that amount and felt she should not have to pay due to the poor condition of the property. Rachel was able to avoid blaming the situation on Carolina because both parties realized the property manager was the one failing to pass along the details of the issues to Carolina.
As a landlord, Carolina needed a paying tenant in the unit first and foremost. With the agreed move-out date only two and a half weeks away, Carolina offered to lower the payment amount, so she would be able to secure a new tenant quickly. Rachel offered to make a payment of $1,100. After some discussion and reality testing of what this amount would mean for both parties, they agreed this payment would suffice. While this is significantly less than what Carolina would have pursued in court, she also didn’t want to evict Rachel – the only reason she filed the court case was because she felt she had no other option.
The parties ultimately left the mediation with a signed agreement outlining the terms of the move-out and payment for back rent, as well as a newfound understanding and respect for each other.
By Leandra Ramos | Programs Director - Mediation Services
By Lea Ramos | Programs Director - Mediation Services
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