San Luis Obispo Landlord Tenant Mediation/Litigation
Please call either of our 2 offices to schedule a Consultation: 805.489.1031
Attorney Michael J. Boyajian has, among other things, represented landlords (and property managers) and tenants in various disputes for over 30 years. This experience, combined with training at Creative Mediation in San Luis Obispo, allowed Attorney Boyajian to create Central Coast Evictions, and establish himself as a recognized landlord-tenant mediator throughout San Luis Obispo County. He charges an hourly rate for landlord-tenant mediations (which are usually shared equally by the landlord and tenant). Most parties (and attorneys) agree that mediation is a much more cost-effective method of resolving landlord-tenant disputes than hiring an attorney and/or litigating the matter in Court. Some disputes, however, do not lend themselves to mediation, and the court process exists to make the relevant determinations.
''Mediation'' is the process through which a neutral person or persons facilitate communication between disputants to assist them in reaching a mutually acceptable agreement. (Evidence Code section 1115(a)).
Voluntary. It begins, continues, and concludes by agreement of the parties. Any party is free to withdraw from the process at any time. (Kirschenman v. Superior Court (1994) 30 Cal.App.4th 832, 835, 36 Cal.Rptr.2d 166).
Non-Adjudicatory. The mediator does not decide who wins or loses. The goal is to reach a settlement, and the role of the mediator is to facilitate the settlement process. Mediation does not necessarily cast the parties in an adversarial relationship, and parties do not emerge from the process as clearly defined winners and losers. (Cho v. Superior Court (1995) 39 Cal.App.4th 113, 123, 45 Cal.Rptr.2d 863).
Confidential. Because it is part of a settlement (not an adjudicatory) process, the mediation is confidential. Confidentiality is essential. The parties must be certain that nothing they say or reveal during the mediation process can be used against them if the process does not result in a settlement and litigation proceeds. The assurance of confidentiality also encourages full and frank communication. (Evidence Code section 1119(c)).
To arrange for mediation, Attorney Michael J. Boyajian invites the landlord (or property manager), the tenant, or California Rural Legal Assistance (CRLA) to contact Central Coast Evictions at: (805) 489-1031. Staff will then contact the other party to determine if he/she is willing to participate in the mediation process toward informally resolving any and all disputes. If all parties agreed to attend mediation, a mutually agreeable date and time for mediation is then scheduled. And, if an agreement is reached at mediation, a written Mediated Settlement Agreement is prepared and signed by all the parties at the conclusion of the mediation.
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