Mediation Can Save a Life!
In the Savvy Mediator, we have discussed the many ways that mediation can help resolve disputes efficiently and effectively, avoiding the time and expense of arbitration or litigation. But we’ve never talked about mediation saving lives. It turns out, however, that it can.
A recent study conducted by Princeton University discovered startlingly higher mortality rates for people who are evicted or even threatened with eviction, making mediated resolution of landlord/tenant disputes even more important.[1] An eviction filing without judgment was associated with a 19% (15–23%) increase in mortality and an eviction judgment was associated with a 40% (36–43%) increase in mortality.
The study notes that there are many factors which might explain why mortality increases with housing instability, such as people opting to pay rent over getting medical care, stress arising from financial and housing concerns, and possible loss of access to essential safetynet social programs with an abrupt change or loss of address. One can also imagine that people at risk for eviction might be living in suboptimal housing conditions, as well, which might include yet unresolved environmental hazards. Cheap housing might be rundown - might contain lead paint or asbestos and a tenant who doesn’t want rent to increase might be afraid to either ask the landlord to remediate or to report the landlord.
Although the study also noted that this increase in mortality rates was only correlated to housing instability and not proof that evictions caused people to die, the linkage shows how vital it can be to offer mediation as an option in landlord/tenant disputes.
I’ve had the honor and privilege of serving as a mediator in many landlord/tenant disputes through the King County Dispute Resolution Center’s Eviction Resolution Pilot and VISTA Programs in Seattle, Washington. One thing we have learned about mediations in the King County Dispute Resolution Center programs is that mediation should be initiated early on in the process of a tenant at risk for eviction, to avoid back due rent piling up and to encourage the landlord to consider alternatives to the costly and drawn out process of a court ordered eviction. Naturally, this also helps the tenant avoid having any eviction filing or order of eviction on his/her/their record and increases the chances that the parties can agree on a payment plan or move-out plan that avoids other credit impacts for the tenant and helps the landlord get paid. With the above study in mind, however, moving such disputes into mediation promptly will likely reduce the risk of eviction and stress and therefore may save a life!
[1] To see report on the referenced study, visit: https://www.sciencedirect.com/science/article/pii/S0277953623007554?via%3Dihub