Mediation is a way for people to resolve a legal issue without going to court. Mediation usually takes place after a lawsuit has been filed. But it can also happen before a trial begins. Our lawyers and paralegals spend months, sometimes years, working closely with individuals and families in crisis. We hear their stories In mediation, the parties have the opportunity to tell their side of the story. The mediator helps to reach an agreement acceptable to both parties. A settlement agreement sets out what each party will do to resolve their dispute. Mediation is available to resolve other types of issues through the Cleveland Mediation Center. For more information, see clevelandmediation.org/programs/community-disputes/.
The Cleveland Housing Court offers mediation for the benefit of landlords and tenants. Most often, in eviction cases, the parties agree on a date on which the tenant can move voluntarily. Landlords benefit from knowing that a tenant will move, and tenants avoid an eviction order. To schedule mediation at the Cleveland Housing Court, contact the Mediation Coordinator at 216-664-4926 or contact a Housing Court Specialist on the 13th floor of the Justice Center. Both parties must participate in the mediation. The parties do not need a lawyer to go to mediation. If an agreement is reached, the terms and conditions are recorded in writing and signed by both parties. The parties are bound by the agreement. If legal proceedings have already been initiated and one party violates the settlement agreement, the other party may request a court hearing. NYLAG pairs each party for mediation with a pro bono attorney who advises and reviews the agreement before the parties sign it. At the end of a successful mediation, the parties have a signed agreement that NYLAG can then submit to the court to become an enforceable judgment.
When preparing for mediation, the parties should collect all documents related to their dispute and submit them to mediation. What each party says during mediation is confidential and cannot be used against each other in court. However, the Ombudsman may be asked to report problems of child abuse, elder abuse and admission to a crime. Mediation can also be an option to resolve disagreements over child custody. Read Legal Aid`s brochure, Custody Mediation: What You Need to Know in Advance, available at lasclev.org/custodymediationbrochure/. If the parties cannot agree in mediation, the case may be referred to the court or, if it has already been filed, it will be sent back to court for a hearing, where a judge or jury will decide the outcome. This article was written by Abigail Staudt, Senior Legal Aid Counsel, and Hazel Remesch, Staff Counsel, and was published in The Alert: Volume 30, Issue 2.