Mediation helps landlords and tenants talk about problems with tenancies. Mediation can help find a solution to a problem without having to go to the Tenancy Tribunal.
It’s a good way to get things sorted out quickly
A mediation appointment can be set up more quickly than a Tribunal hearing – usually around eight working days. The mediator writes an order outlining the agreement that’s legally binding. You can have the order enforced through the court system if necessary.
It’s less formal than going to court
Tenancy Tribunal hearings are conducted by the Ministry of Justice at the District Court. Mediation is less formal than a hearing, and many mediations are resolved by telephone. Mediated orders are made with both tenant and landlord being fully informed of all their rights and responsibilities. The mediator makes sure everyone understands what the agreement means.
You decide what will happen
The mediator does not make any decisions – the landlord and tenant decide together. When people contribute to the decision themselves, they’re more likely to be committed to making it work. When you reach an agreement in mediation, it means both the tenant and landlord are happy and comfortable with what’s agreed.
It’s a confidential process
No one else will know what was discussed in mediation. The Tenancy Tribunal decisions are usually publicly available and for this reason it may be preferred by the landlord and tenant that the matter is resolved in mediation, to keep it private.