Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 24

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There are about 20 mediation centers
Q9 Can the tenant be evicted and still
throughout Michigan that can be called for
forced to pay money damages to the
landlord?
assistance.
Yes. In addition to regaining possession
Mediation is:
of the rental property, the landlord may have
• A process that helps people to resolve
persuaded the judge (or jury) that he or she
disputes. Trained mediators facilitate a
is entitled to a money judgment. The judge
communication process that assists
may award the landlord a money judgment
people in reaching mutually satisfactory
for such things as unpaid rent, unpaid
agreements.
utilities, damages to the rental beyond
• An alternative to destructive
reasonable wear and tear caused by the
tenant and any other damages incurred
confrontation, ineffective avoidance,
costly litigation, and violence.
because of the tenant’s violation of the lease
agreement.
• An opportunity for people in conflict to
Avoiding a money judgment is always a
use their own problem-solving skills, to
good idea. If the option to pay is still
take responsibility, and to find solutions
available, the losing party (if financially
that best meet their needs.
able) should remit what is owed. Once a
• Designed to preserve individual interests
money judgment is awarded, the prevailing
while strengthening relationships
party, through a lawful collection process,
between individuals and groups.
can garnish wages, garnish bank accounts,
• An opportunity to learn a successful
and garnish tax refunds. The prevailing
party may also be entitled to another remedy
method for resolving conflicts that can
– executing the money judgment against
serve as a model for constructively
personal property (a car, fine jewelry,
resolving future conflicts.
collectibles, and the like).
THE MEDIATION PROCESS
Remember that a lease agreement –
(1) Any person or organization may initiate
whether written or oral – is a contract,
mediation.
enforceable by law. Both parties have rights
and obligations under the lease. Simply
(2) A trained professional will talk with you
having the tenant removed from the rental
to determine if your situation is
property may not provide the landlord with
appropriate for mediation. If it is, you
all that he or she is entitled to receive under
will be asked for basic information about
the lease.
yourself and the other person(s)
involved.
(See Eviction Timeline at the end of
this Guide.)
(3) With your permission, the mediation
center will contact the other person(s)
Mediation
involved to encourage them to
participate in a mediation session.
Parties in a dispute can choose to
mediate before or after a lawsuit is filed.
(4) If both parties agree, the mediation
Mediation is an alternative dispute
center will schedule a mediation session
resolution technique that is voluntary,
at a time and place convenient for all.
empowering, confidential, convenient,
(5) At the mediation session, trained
effective, and provided to at little or no cost.
mediators will listen to all sides of the
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 22

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