New Article: Mitigating Power Imbalance in Eviction Mediation: A Model for Minnesota

New Article: Rebecca Hare, Mitigating Power Imbalance in Eviction Mediation: A Model for Minnesota, SSRN Dec. 2020. Abstract below:

From court process, to policy, to its principal players, eviction is both rooted in—and continues to perpetuate—economic, social, and health inequalities among those experiencing poverty. Mediation may be used to improve outcomes in eviction cases, both to prevent eviction filings and to resolve eviction disputes. Rather than participate in an adversarial eviction process with the goal of removing the tenant, mediation is a conflict resolution tool that can prevent eviction by allowing both parties to negotiate an agreement under the guidance of a trained neutral party.

However, the power imbalance between landlords and tenants creates obstacles to full participation in mediation. Mediation will only perpetuate the social ills of eviction if it cannot overcome this power imbalance. Barriers to full participation in mediation by both parties threaten the use and effectiveness of mediation, and existing tenant protections under the law may be thwarted if tenants are unaware of their rights.

This article will evaluate mediation as an eviction prevention tool and provide recommendations to address power imbalance in eviction mediation. This article examines the state of eviction in Minnesota by reviewing empirical studies of evictions in the state; provides an overview of eviction mediation efforts in Minnesota; discusses issues of power and inequality in mediation; outlines recommendations to address the power imbalance in mediation between landlords and tenants in eviction disputes; and recommends a statutory pre-filing mediation process.

To create more equitable and successful mediated settlements in landlord-tenant disputes, Minnesota must 1) eliminate systemic obstacles to negotiation by limiting access to unlawful detainer records, 2) empower tenants to negotiate through access to pre-filing mediation, 3) incentivize landlords to mediate by instituting a notice requirement prior to eviction filing, 4) facilitate tenant access to existing tenant protections under the law within the mediation process, and 5) create a statutory eviction mediation process to ensure tenants receive equal opportunity to mediate.