The Colorado Conflict Clinic through OvalOptions will be closing as of December 31, 2023. We are actively exploring the possibility of a non-profit organization taking over the Clinic program and continuing this valuable service in the future.
We extend our deepest gratitude to all participants, volunteers, and supporters, and will update this space with contact information for the new organization once it becomes available.
Colorado Landlord-Tenant Dispute Resolution
Mediation is almost always the best option for landlords and renters struggling through disputes.
For most landlord-tenant disputes, both parties are better off working with a mediator to resolve their issues than heading to small claims court, tapping an attorney on the shoulder, or attempting to resolve the problems themselves.
With the help of a neutral third-party, landlords and tenants can quickly come to an agreed-upon solution that ends disputes so each party can move forward.
There are, of course, mediation skeptics - but the process works. When landlords and tenants agree to mediation, whether they realize it or not, the parties have already started the agreement process. It’s a positive first step toward a mutually satisfactory solution.
In the context of 2020 and 2021, years in which thousands of people are facing eviction due to pandemic-related income or job loss, there’s a nationwide need for landlord-tenant dispute resolution, as evictions can quickly make a public health crisis worse, and landlords still have bills to pay and need the income from their properties.
Here are six reasons you should work with a mediator to resolve your dispute:
Mediation allows landlords and tenants to arrive at a mutually acceptable solution, in contrast to arbitration or adjudication, which results in a binding decision handed down by an arbitrator or judge.
Skilled and experienced mediators can often open up a dialog between tenants and landlords when others can’t.
Mediation often results in less extreme and more agreeable results for both parties than might otherwise occur.
Mediation frequently uncovers root issues tenants and landlords were not aware of before mediation.
Mediation, unlike court, is confidential; nothing goes on either party’s public record. Even if a court case has already been started, what happens in mediation is still confidential and is not revealed to the court, other than any agreements the parties reach.
Mediation saves time and money for both landlords and tenants.
Landlord-tenant dispute Issues we can help resolve:
Maintenance issues
Deposit disputes
Unpaid bills, like utilities
Common space disputes
And more
Past-due or nonpayment of rent
Possession disputes
End-of-term disputes
Lease violations and non-compliance issues
Disturbances and disruptions
6 Mediation Benefits for Landlords & Tenants:
Tenant-landlord mediation can limit the number of empty units for commercial and residential properties, allowing landlords to avoid paying for damage to vacant properties and avoids turning those properties into havens for squatting and other criminal activities.
Mediation helps people comply with public health restrictions like
safer-at-home orders or quarantine by ensuring tenants don’t lose
access to their homes.Mediation helps people maintain a remote workplace or school, allowing tenants to continue to pay landlords, which will enable landlords to pay maintenance, insurance, utilities, payroll, and more.
Mediation allows landlords and tenants to identify creative solutions, like modifying lease terms, payment amounts, and more, benefiting the involved parties and the community-at-large.
Mediation reduces evictions, which harm tenants, landlords, and communities.
Remember: For both landlords and tenants, tenant displacements often result in tenant deposit-loss, and then finding a new rental or new tenants difficult as landlords are hesitant to enter into a lease agreement with previously-evicted tenants and few tenants have the means to pay new deposits, rent, etc. The result is empty units and lost income for landlords and increasing homelessness for tenants.
Mediation preserves the limited resources of communities, individuals, businesses, courts, and public agencies.
Choosing professional virtual meditation services to resolve your landlord-tenant dispute will save you money. And if you’re a landlord or property owner, it demonstrates your commitment to doing what’s best for the people you serve and the community and helps minimize your turnover and vacancy rates, eliminating all those associated costs.
What’s the difference between mediation and arbitration in landlord-tenant disputes?
Mediation is a relatively informal process compared to arbitration. A third-party monitors the landlord-tenant conversation during mediation, encouraging a resolution agreed upon by both parties instead of a judge’s ruling. When the landlord and tenant agree, they can enter into a written contract to end the dispute. The parties can also decide on a resolution without a written agreement.
During arbitration, the landlord and tenant meet with an arbitrator to resolve their grievances. The parties can submit evidence, personal testimony, and witnesses. The arbitrator, like a judge, hears both sides and comes to a ruling. Arbitration typically results in a binding agreement; however, it is more expensive than mediation.
Some lease agreements leave room for arbitration only. We suggest landlords and tenants consult their lease agreements to confirm mediation is feasible.
How does landlord-tenant mediation work?
Our mediator will schedule a virtual meeting where both parties can openly discuss the issues they consider important.
The process is relatively informal by design, so each party feels comfortable voicing their concerns, which lays the groundwork for a quicker agreement.
If a dispute isn’t quickly resolved, our mediator can suggest alternative resolution paths or keep the conversation moving civilly toward its conclusion.
In courtroom scenarios, the up-front issue is what’s on the docket; there’s no room for exploring potential underlying problems like a tenant withholding rent payment because of a broken appliance.
During the mediation process, it may come to light that the tenant’s primary grievance is they perceive that the landlord was slow to address the underlying issue (the broken appliance). Conversely, the tenant might discover the landlord’s immediate problems are noise complaints from neighbors or irritation around misbehaved children.
Once everything is out in the open, a satisfactory agreement for both parties isn’t far out of reach.
With our guidance, landlords and tenants can come to mutually agreeable resolutions and quickly move forward.