A state-mandated free mediation program was a resounding success in preventing evictions during the COVID-19 pandemic, according to a report.
In July 2021, Gov. David Ige signed Act 57, a law that required landlords to first pursue free mediation with a tenant before beginning eviction proceedings because of nonpayment of rent. That requirement ended in August after a year of implementation.
According to a report by the Hawaii Appleseed Center for Law and Economic Justice, the vast majority of the mediation sessions that stemmed from the law ended with the tenants remaining in their homes.
The report stated that 85% of the cases initiated through Act 57 resulted in the tenant remaining on a property, compared to only 11% of pre-COVID mediations.
Of the 1,378 mediation cases initiated between August 2021 and August 2022, 87% reached a settlement, compared to a 47% settlement rate prior to the pandemic.
Julie Mitchell, executive director of the Ku‘ikahi Mediation Center, said both mediation centers on Hawaii Island — Ku‘ikahi and West Hawaii Mediation Center — received 285 mediation cases through Act 57, 150 of which actually initiated proceedings. Of those 150, 119 were resolved.
Meanwhile, 97 of the 135 cases that did not begin mediation proceedings did so because they were settled before mediation could begin.
Mitchell said 76% of all 285 Act 57 cases on the Big Island were successfully resolved without the need for eviction proceedings.
“It’s been very successful,” Mitchell said. “Overall, our success rates were very high compared to normal. … It’s just a different way to approach things. Eviction can be very expensive for landlords. They need lawyers, and it can take months before it even starts. Mediation can resolve things quicker.”
Both Mitchell and the Appleseed report agreed that the existence of pandemic relief programs — particularly rent relief — was a major factor in getting parties to settle.
She said that in many cases, neither party knew about what resources were available to them, and learned about possible assistance through mediation.
Tenants interviewed for the Appleseed report felt more comfortable speaking to their landlord through mediation than directly or in court. Of the 11 tenants interviewed, 10 remained with their landlords with some form of agreement to repay back rent through a payment plan or rental assistance.
The report concluded that additional funding for a free mediation program would likely have significant benefits for tenants and landlords, and estimated that the cost of maintaining a similar program likely would be lower than costs to the Judiciary if such eviction cases go to court.
Mitchell noted that Act 57 has expired, but Ku‘ikahi Mediation Center and West Hawaii Mediation Center still have county funding to hold free mediations until the end of June 2023. Those mediations, she said, also are not just limited to eviction cases involving nonpayment of rent, but can involve any number of landlord-tenant issues.
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.
