Mediation data

Program location Pre or post filing Mandatory? Number of cases Settlement rate % of settled cases where T remaining in home % of settled cases where T displaced Other data
New Hampshire Pre No 184 out of 800 inquiries 71% (did not meaningfully change after rental assistance ended) 63% (dropped to 56% after rental assistance ended) 37% 2/3 of cases closed w/in 2 weeks, and scheduling mediation didn't appreciably lengthen time to case closure
Hawaii Pre Yes (during COVID) 1,378 87% 85% 15% • Mediation time 90 min.

• Done by videoconference by paid professionals. Attorneys interviewed said that “hired mediators were specifically focused on finding ways to keep tenants in place.”

• Rental assistance: "Out of the 41 settlement agreements reviewed from the Act 57 process, all of them noted that the tenant would repay all back rent owed, with 66 percent explicitly noting rental assistance would be used."

• Tenants represented <1%; LLs represented 0–9%
Philadelphia Pre Yes Unknown 458 agreements 70% 22% were able to agree on an outcome, such as moving out, that avoided the tenant receiving an eviction on their record
Indiana Pre No 69 76% 56% 10% 3% involved a payment plan for a tenant who had already moved out
Hawaii Post (two different programs) No 92 and 183 47% and 52% 11% and 20% 89% and 80% • Mediation time 20 min and 30 min.

• Done in person by volunteer mediators; pre-COVID mediators were “largely focused on determining when the tenant would move out.”

• Rental assistance available in one program: “its availability did not translate to a high settlement rate or keeping tenants housed.”

• Tenants represented <1%; LLs represented 46% and 61%
Madison WI Post No 300 Unknown 70% Unknown 90% of those who enter mediation don’t end up in homeless shelters
Baltimore Post No 55 81% Unknown Unknown • 92% felt they had enough time to speak
• 88% said issues they raised were discussed
• 92% felt mediator was respectful
• 19% felt pressured
• 85% said settlement met their needs
• 89% overall satisfied
• 86% would recommend
• Terms: 45% included payment plan; 30% repairs; 35% other issues
Berkshire County MA (data on file with the NCCRC) Post No 243 Unknown 69% 31% 82% of displacement cases gave tenants >10 days to vacate
Connecticut Post No Unknown Unknown Unknown 38% (pro se) vs. 2.9% (represented)
Cook County IL (data on file with the NCCRC) Post No Unknown 60% ~50% ~50% • Only uses mediators trained via 40-hour certification; facilitative model

• Nationally, facilitative mediation ~60% settlement; evaluative ~80% but more breach risk
St. Louis Post Yes Unknown 71% 53% 33% • 25% of mediated settlements resulted in execution of judgment

• 92% of non-settled trials resulted in judgment against tenant; 40% required execution

• Mediated settlements reduce judgments by 60% and execution by 15%

• Mediation staffed by trained law students + attorneys; multi-stage training and supervision
Boston Post No Unknown Unknown 0% 100% • 10.8% allowed tenant to regain possession after requirements

• 10.8% involved rent reduction/waiver for voluntary move-out

• Mediation reduced executions from 79.8% → 52.7%

• Represented tenants raised conditions far more often; repairs agreed in only 2.2% of mediated cases

• “Most agreements were significantly pro-landlord” and boilerplate
Hampshire MA Post No 41 Unknown 0% 100% • 41.2% allowed reinstating tenancy
• 23.5% reduced back rent
• 9.8% included repairs

• Mediation reduced executions from 63.8% → 46.9%

• 10% of non-mediations dismissed (unknown housing outcome)