Ask a Lawyer

By: Steven M. Williams

My Magisterial District Judge told me that soon I will have to be mediating my eviction cases before I can have a hearing. Is that right?

Potentially. A recent rule by the Pennsylvania Supreme Court allows the President Judge in each county court to require mediation in eviction cases. The Supreme Court has not created any mediation program, and it has not required that any county court do so. It simply allows them to require mediation if they choose. So, whether you will have to mediate your eviction cases will depend on whether your local county court requires it. 

What is mediation?

Mediation is a process where a neutral third party—the mediator—helps two sides in a dispute reach a mutually acceptable resolution. The mediator does not act like a judge and does not make any decisions. Instead, a mediator simply facilitates communication, helps clarify issues and encourages settlement. A mediation might involve negotiating payment plans, move-out dates or other terms to avoid a formal eviction filing in court.

Is mediation a good thing?

Mediation has its pros and cons. Among the pros:

• Successful mediations keep cases out of court, saving landlords filing fees, attorneys’ fees and time.
• Tenants avoid court records of eviction filings, which can hurt future housing opportunities.
• Mediation creates space and flexibility for negotiation (payment plans, rent assistance or agreements to vacate peacefully).
• Mediation can preserve landlord-tenant relationships if both want to continue the tenancy.
• A mediated settlement may be reached faster than waiting for a court hearing.

Among the cons:

• Mediation may delay eviction filings, prolonging the period when landlords are not receiving rent.
• If mediation fails, the landlord must file in court—adding another step and time delay.
• If the mediation program is not free, landlords and/or tenants will have to pay for the mediator’s time.
• Tenants may feel pressured into agreements they cannot keep.
• Landlords may feel mediation unfairly favors tenants by delaying enforcement of lease terms.
• Mediation may be unhelpful in cases involving serious lease violations (e.g., criminal activity, property damage and dangerous conduct) where landlords want the tenants out quickly.
• Mediation may not be helpful if both parties are not willing to consider some compromise.

Can I include a waiver of mediation in my lease so that I do not have to mediate before filing for eviction?

Mediation programs in eviction cases are usually not optional. Since the mediation program would be a procedural requirement set by the Court, a waiver in the lease would not be effective.

So, what do I need to do now, and how will I know if I have to mediate my eviction cases in the future?

There is nothing for you to do now but wait to see if your county court institutes a rule requiring mediation. If so, there will likely be time between announcement of the requirement and when the mediation requirement begins. If your county court does this, you will most likely see notices in your local Magisterial District Court.