At mediation, mediators help landlords and tenants discuss problems and reach an agreement.
What the mediator does
In the mediation process the mediator will:
- ask each of you to explain your view of the situation
- help you both work out ways to resolve the problem
- provide relevant information that will help your discussion, for example information on the law
- ensure that everyone has their say and that everyone’s behaviour is reasonable
- help you reach an agreement you both think is fair.
Mediators are neutral specialists in helping people sort out tenancy disputes. They can help you with questions about tenancy law. Mediators are not lawyers, judges or counsellors. Mediators know a lot about tenancy issues. They’ll guide you through the process, but they can’t decide anything for you. This is different from a Tenancy Tribunal hearing, where the adjudicator makes a decision and tells you both what will happen.
You can ask to bring a support person
You can ask the mediator if you can bring a support person to the mediation. The mediator may ask the other party if they agree.
The support person will not normally have the right to speak, unless everyone involved in the mediation is comfortable with them speaking. Sometimes the support person’s involvement can help get a successful outcome.
The role of a support person is different to the role of a witness. Witnesses are not involved in mediation because the focus is on facilitating agreement between the landlord and tenant.