The COVID-19 pandemic has had an unprecedented effect on people and communities. People have been ordered to stay at home and millions of Americans have been laid off or furloughed during this challenging time. Many people are currently struggling to pay rent. Mediation services in Louisville may be able to help you resolve this issue for less money and avoid the potential of an eviction lawsuit. Here is how Louisville KY mediation can help when you cannot pay rent to your landlord:
Explain the Rights of the Parties
When you arrive for mediation, the mediator will explain her role as a neutral third party who guides you through the mediation process. She does not impose any decisions on you as a judge does. Instead, she will explain that you have the right to negotiate your agreement to resolve the problem and do not have to agree to anything you find objectionable. The best mediation attorney knows that there are several types of mediation and will adapt their strategy to the needs and dynamics of the parties.
Improve Communication between the Parties
While some people may think that paying rent is merely a financial transaction, for many landlords and tenants, a positive relationship is formed. When a tenant runs into an issue involving nonpayment of rent, the mediation process may give the tenant an opportunity to better explain the situation, such as describing health issues or a recent lay-off. Talking openly and honestly about the problem may improve the communication between the parties so that they can appreciate each other’s perspective and see it as an opportunity to resolve a problem together. In this manner, mediation services often allow the parties to maintain a civil relationship after the dispute is resolved.
Learn About the Consequences of Not Settling the Dispute
When a mediation attorney guides the conversation, she can discuss the drawbacks of the parties not amicably resolving the dispute on their own. These may include:
- Expensive court costs and legal fees
- The parties are free to choose the arbitrators, and the arbitration taking place is neutral.
- Additional costs for collections or damages
- A long, drawn-out legal battle
- Bad publicity about a landlord who has evicted a tenant during a pandemic
- Harm to the tenant’s rental history
- A loss of control over the outcome of the case
With these things in mind, the parties may be more incentivized to mediate their case and reach a solution out of the courtroom.
Brainstorm Possible Solutions
One of the biggest benefits of Kentucky mediation is that the parties can consider various ways to resolve their issue that may not be something a court could order. The parties are generally free to reach an agreement that they both approve as long as it is legal. Their mediation solution may include possible arrangements such as:
- Allowing the tenant to take in a roommate or sublease the unit even if the lease did not provide for this arrangement
- Postponing rent payments until the tenant gets a new job
- Pursuing forbearance on the mortgage payments of the property
- Allowing the tenant to complete work for the property instead of paying rent, such as painting the apartment, gardening, or fixing things around the complex
A Louisville mediator can suggest other possible solutions to the problem and encourage the parties to brainstorm other solutions. Once the parties reach an agreement about how to resolve the issue, this will be put in writing and will serve as a legally-binding agreement between the parties.