Should my landlord and I try to mediate the problem?

Yes, whether you are a tenant or a landlord, mediation can help you resolve an eviction issue without going to court. Talking to a neutral third party trained to help you resolve the dispute is often the easiest way to address the case.

Mediation is a process that gives both the landlord and tenant the chance to meet with a neutral third party to discuss possible ways to resolve their conflict. A mediator can’t give legal advice or represent anyone in court, and they do not take sides in the conflict. Mediators’ only job is to help both sides reach a settlement. Mediation can be cheaper and offer more options than going to court.

Landlords want an income producing property with good tenants, and a tenant wants stable housing and to avoid an eviction on their record.  Mediation offers the ability to address rent payments and move out plans, avoid having to go to court, and agree to a plan that outlines the obligations of both parties. These obligations can be enforced by the court and detail what happens if one party doesn‘t comply.

Mediation is always an agreement of both sides - mediators don’t force agreements on either side. Because of this, mediation is a great way to resolve conflicts and reach a solution that works for both of you. If mediation works, it can save the relationship between the landlord and the tenant and make renting a better experience for both of you.

Eviction mediation is usually voluntary, although there are a few counties that require it, like Waukesha County, Jackson County (Jackson County Circuit Court Rule 47), Marathon County, Trempealeau County (Trempealeau County Circuit Court Rule 3), and Winnebago County. A number of counties around Wisconsin have free or low-cost mediation services available before or during the eviction process, listed below.

Here's some more information about the mediation process:

1. Court Order or Mutual Agreement: Check the clerk’s office to see if your county offers mediation services as part of the case. Unless it is court-ordered, both you and your landlord must agree to participate in mediation voluntarily. This typically involves expressing your willingness to take part in mediation and selecting a neutral third party as the mediator. 
2. Select a Mediator: You can choose a mediator together with your landlord, or you may opt for a mediator provided by a local mediation service or court-approved program. The mediator should be impartial and skilled in conflict resolution techniques. You can get a mediator through: 
   
   1. The Wisconsin Association of Mediators online or by phone at 608-848-1970. 
   2. Tenant Resource Center online, by email at mediation@tenantresourcecenter.org or by phone at 608-257-0006 ex. 8. 
   3. Judicare Legal Aid, as part of a court system or in a case in counties served by Judicare Legal Aid, by phone at 715-842-1681
3. Schedule the Mediation: Once you've agreed on a mediator, schedule a mediation session at a convenient time and location for both of you. This could be in-person or virtual, depending on preferences and circumstances.
4. Prepare for Mediation: Before the mediation session, gather relevant documents, such as your lease agreement, correspondence, and any evidence related to the dispute. Think about what result you would like and what compromises you would be willing to make. Take a look at the Tenant Resource Center’s guide Negotiation 101 as well. 
5. Document the Agreement: If you reach an agreement during mediation, make sure that it is documented in writing and signed by all of the tenants and the landlord. This agreement can serve as a legally binding contract outlining the terms you all agreed to follow. You can use the Stipulation for Dismissal Eviction form directly or use it as a guide when creating a mediation agreement.

Scroll down for information on free or low-cost mediation options in 41 counties . . .