Category Archives: Mediation

Mediation, Rent

Past Due on Rent

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Now that COVID-19 is Over, What are My Options if I’m Past Due on Rent in Massachusetts?

As we move beyond the COVID-19 pandemic, many Massachusetts residents are wondering about their overdue rent options. If you’re one of them, let’s explore your options.

Dialogue with Your Landlord

One of the overdue rent options in Massachusetts is to initiate a conversation with your landlord. Negotiate a manageable payment plan. Many landlords understand the financial difficulties caused by the pandemic.

When discussing late rent with your landlord, follow these steps:

  1. Schedule a meeting or contact your landlord to address the issue promptly.
  2. Be honest and upfront about your situation, explaining the reasons for the delay.
  3. Take responsibility for the late payment and apologize for any inconvenience caused.
  4. Offer a plan to catch up on the overdue rent, proposing a reasonable timeline or installment options.
  5. Be prepared to provide documentation or evidence supporting your circumstances, if applicable.
  6. Show your willingness to maintain open communication and keep your landlord informed of any changes.
  7. Express your commitment to fulfilling your rental obligations moving forward.
  8. Discuss any potential late fees or penalties and negotiate a resolution, if necessary.
  9. Be receptive to your landlord’s perspective and be open to finding a mutually agreeable solution.
  10. Once an agreement is reached, ensure that you adhere to the agreed-upon payment plan and fulfill your responsibilities promptly.

Remember, maintaining open and respectful communication with your landlord is crucial to resolving any issues regarding late rent.

Mediation Services

If you can’t reach an agreement, consider mediation. This process involves a neutral third party helping to broker a resolution.

At Reeves Lavallee PC, we offer professional mediation services, providing a viable overdue rent option in Massachusetts.

Seek Rental Assistance

Another one of the overdue rent options in Massachusetts is to apply for rental assistance. The Massachusetts Rental Voucher Program (MRVP) and the Residential Assistance for Families in Transition (RAFT) program can offer help.

Visit the Massachusetts Department of Housing and Community Development website for more information.

Free legal advice is available for those who can’t afford a lawyer through legal aid societies.

The Massachusetts Legal Assistance Corporation is a resource for help with eviction cases and other housing problems.

Preparing for Court

In case you receive an eviction notice, it’s essential to stay calm. Remember, eviction is a legal process, and you have rights throughout this process.

Understand the Eviction Process

Start by familiarizing yourself with Massachusetts eviction laws. Understanding the process can help you protect your rights and take appropriate action.

Massachusetts Eviction Laws

  • Massachusetts eviction laws provide guidelines for landlords to legally remove tenants from rental properties.
  • Landlords must provide written notice to tenants before initiating the eviction process.
  • Tenants have the right to respond to eviction notices within a specific time frame.
  • If a tenant fails to respond or resolve the issue, landlords can file a lawsuit.
  • The court may issue a summons for a hearing to determine the validity of the eviction.
  • If the court rules in favor of the landlord, an execution can be obtained to remove the tenant.
  • In certain cases, such as nonpayment of rent, landlords can proceed with expedited evictions.
  • Massachusetts law prohibits “self-help” evictions or removals without following legal procedures.
  • Landlords must follow specific procedures for evicting tenants who receive housing subsidies.
  • It’s crucial for both landlords and tenants to understand and comply with Massachusetts eviction laws.

Retain Legal Counsel

Even if you’re going to court, it’s not over. Seek legal counsel if possible. At Reeves Lavallee PC, our expert attorneys can guide you through the eviction process, ensuring your rights are upheld.

The Right to a Fair Trial

You have the right to a fair trial. This means you can present your case, including any evidence of your attempts to pay rent or address the problem.

Housing Court

Consider transferring your case to a Housing Court if your case is filed in a District or Boston Municipal Court. Massachusetts’ Housing Courts have more experience with landlord-tenant issues.

Negotiate a Settlement or Payment Plan in Court

In court, you can still negotiate a settlement or payment plan. Massachusetts courts often encourage this, as it can be a win-win for both parties.

In these challenging times, remember, you’re not alone. At Reeves Lavallee PC, we stand ready to guide you through your rent-related concerns. Our dedicated team of experienced attorneys will fight for your rights and strive to find the best possible solution for your unique situation. Don’t let overdue rent cause undue stress. Act now, and let us help you navigate this complex issue. Reach out today for a consultation and take the first step towards regaining your peace of mind.

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Mediation

Achieving Successful Mediation: Overcoming Challenges for Effective Dispute Resolution

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Introduction

Undeniably, mediation has become a go-to method to resolve a wide array of disputes – from family feuds to complex business conflicts – in Massachusetts. This guide delves into the significance, hurdles, process, and outcomes of mediation.

The Advantages of Mediation

  • Affordability: Compared to litigation, mediation is a financial relief. It circumvents hefty legal charges and court fees.
  • Swift Resolution: A successful mediation often brings faster results. Instead of years, it usually takes days or weeks.
  • Privacy: Mediation offers a confidential platform where parties can express their concerns without public scrutiny.
  • Customizability: Unlike court rulings, mediation allows for creative, tailored solutions to meet unique needs.
  • Relationship Preservation: Through open dialogue and collaboration, mediation promotes understanding, thus preserving relationships in personal or business settings.

Potential Obstacles in Mediation

  • Balancing Power: A competent mediator ensures an even playing field, giving all parties an equal say in the process.
  • Emotional Hurdles: Mediators help manage potent emotions, enabling constructive conversation and aiding parties in reaching an agreement.
  • Trust Deficiency: Building trust between parties forms a crucial part of a mediator’s job, paving the way for successful mediation.
  • Dispute Complexity: Highly intricate or specialized disputes might need extra time and expertise, making mediation a less suitable option.
Successful Mediation

Journey Through the Mediation Process

  • Starting Point: The mediator sets ground rules and lays out the process for the parties.
  • Gathering Information: Parties bring forward their viewpoints and share pertinent information.
  • Issue Identification: The mediator aids parties in identifying central issues for resolution.
  • Brainstorming Solutions: Guided discussions lead to the generation of potential solutions.
  • Agreement Formation: The mediator supports parties in crafting a mutually acceptable resolution.
  • Documentation: The mediator prepares a written agreement encapsulating the resolution terms.

The Time Investment

The duration of successful mediation hinges on the complexity of the dispute and the parties’ willingness to engage. Simple disputes might wrap up in a single session, whereas complex cases could span multiple sessions over weeks or months.

The Possible Outcomes

The fruit of successful mediation is a mutually satisfying agreement that caters to both parties’ needs and interests. If consensus isn’t achieved, parties can explore other paths, such as litigation.

Wrapping Up

Mediation in Massachusetts offers a robust, efficient, and cooperative means to settle disputes. Our team of seasoned mediators stands ready to assist you in leveraging this cost-effective solution to attain a positive resolution. Don’t hesitate to get in touch for more details or to arrange a consultation. Experience the power of mediation and let us guide you to the resolution you’re seeking. Reach out today!

Mediation

Mediation

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Most people who are going through, or believe they will be going through, the legal process believe it must be adversarial. It does not. There is a simpler and cost effective way to resolve your dispute. Why not give mediation a try? You really have nothing to lose.

There are many attorneys who are opposed to mediation. I am not exactly sure why but I suspect it might have to do with the fact that attorneys are trained to be more adversarial rather than to negotiate. However, most cases that go through the legal system settle. Only a small portion of cases goes to trial, as it should be in the family, housing and civil cases.

In Probate and Family court most cases are required to do some form of settlement negotiations. In Housing court, you are required to go to mediation. In Small Claims court, everyone is encouraged to select mediation as a viable option before your case is heard by a decision maker (judge or clerk magistrate). In District court and Superior court (civil cases) you can request mediation to attempt to settle your case.

There are government funded programs where you can go to mediate your case. If you want to use these government funded programs you will need a referral from the court where you case is filed.

You can always contact a private attorney, like myself, who does private mediations as well. Generally, the cost of mediation is split evenly between the disputing parties. However, if the parties have made other arrangements then a mediation will not get involved in how payment is made, unless that is a dispute within the mediation itself.

I think that anyone who want to use mediation to resolve their dispute should verify the cost of the services in advance. Most attorneys will charge a fee for the mediation session, usually at a specified hourly rate. In addition, there is usually a flat rate fee to draft the documents needed upon settlement of the case to be filed with the court. I have noticed that most mediators charge more than their normal hourly rate for mediations. I do not subscribe to this and my regular hourly rate as an attorney is the same rate I charge for mediation services.

Depending on the complexity of the cases, the documents that needs to be produced for settlement/negotiation, and issues in dispute the mediation may take multiple days. Some mediations can be completed within an hour, while other take four to six hours. You can always obtain an attorney’s position on the settlement before submitting it to the court for approval.

The benefits of mediation:

  1. To not take up time in court for issues that can be resolved outside of court. You can mediate a case before anything is ever filed in court;
  2. To be able to represent your settlement/case in court within few minutes, rather than siting in court all day waiting for your case to be called (where a decision may not even be rendered);
  3. You split the cost of a qualified attorney, rather than each party paying your own attorney fees;
  4. You get an agreement that both parties can “live with” and are not decided by the judge;
  5. If a resolution is not reached, you may be closer to resolving issues, have some issues (if not all resolved) and you can understand the other parties position.

Why not contact our office today to settle a dispute?