Process of Mediating Landlord/Tenant Disputes in Chicago
Mediating a landlord/tenant dispute in Chicago helps minimize the money and time spent to resolve a legal issue. These disputes can flood the court system and take significant time to resolve through litigation. In mediation, the mediator facilitates communication to work toward a mutually satisfactory resolution of the case. Parties involved in mediating a landlord/tenant dispute in Chicago follow this basic structure:
Mediation is voluntary. Both parties must agree to it before it can be implemented. The mediation agreement may outline the general nature of the legal problem, who the parties will use as the mediator to assist them with negotiating the case and state that the process is confidential. The mediator may reach out to the parties individually to get background information on the case before the mediation session.
When the parties arrive at mediation, the mediator lays out the ground rules for the process. This includes making sure that the parties treat each other in a respectful manner and do not interrupt. The mediator explains his or her role as a neutral facilitator who helps the parties reach a resolution of their legal dispute. He or she is not a judge or arbitrator and cannot impose a judgment on the parties.
Each party may begin by giving his or her opinion of the legal issues involved and what he or she hopes to gain from mediation.
The mediation may continue with both parties in the room trying to resolve the issues together as collaborators. The mediator may decide to have private caucuses in which he or she discusses the case separately with each individual and then goes back to re frame this information to the other party.
If the parties successfully resolve their legal issue, this information is usually memorialized in an agreement that serves as a separate contract.