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Andrea Bifano,
Rental Housing Mediation Supervisor
ABifano@SantaBarbaraCA.gov

Raymond Rengo,
Rental Housing Mediation Specialist
RRengo@SantaBarbaraCA.gov

Phone
(805) 564-5420

Mailing Address
Community Development RHMP Staff
PO Box 1990,
Santa Barbara, CA 93102-1990

Office Hours
Walk-ins are from 8:30am to noon, with office hours after noon being by appointment only. Staff is available for telephone consultations from 8 am to 5 pm.

Title

Mediation Services

Body

Mediation is a process in which a neutral person or persons facilitate communication between parties to assist them in reaching a mutually acceptable agreement.

The mediator helps the parties to communicate, assists them in generating options, and helps them analyze any proposed settlement to make sure the proposed solution is an informed and realistic one that will provide a long-term solution.

Participation in the mediation process is voluntary.
The parties are not coerced to enter dispute resolution.
The role of the mediators and staff is neutral, with no conflict of interest in the dispute.

All participants are treated equally without any special benefit or consideration.

The parties, ultimately, make the final decision as to how they want to resolve their dispute.

Sections

Client-Driven Solutions Confidentiality Long-Term Compliance Advantages

Mediation works because the parties themselves have complete control of the process.

The mediator does not impose a settlement on them.

Parties are able to state their positions fully, without regard to whether their facts are legally "relevant", which allows them to feel that thy are being heard by the other party.

After discussion, the parties ultimately determine their resolution and how to implement it.

Mediation is confidential under the California Evidence Code, so it is very low risk to the parties.

Since none of the communications or documents prepared in mediation can be disclosed to any third party or court without the parties' consent, the process allows them to explore possible settlements without prejudice.

Moreover, mediation avoids public disclosure of private problems.

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Common Rental Housing Mediation Issues

Including but not limited to:

Abandonment
Change in terms of tenancy
Co-Tenants
Forcible evictions:
- Lock-outs
- Removal of doors or windows
- Removal of Tenant's property
- Utility shut-off
Habitability and repair
Invasion of privacy
Last month's rent
Late fees
Lease termination
Lodgers and guests
Rent increases
Rent withholding
Repair & deductions
Retaliatory eviction
Security deposits
Sub-Tenants
Termination of tenancies (3-day/30-day)

Distinctions Between Mediation, Arbitration And Litigation

	Mediation	Arbitration	Litigation
Participants	Parties, Mediator/s	Parties, Attorneys, Arbitrator	Parties, Attorneys, Judge
Decision Maker	Parties	Arbitrator	Judge
Process	Least formal, most flexible	Formal, flexible	Most Formal, least flexible
Timing	Can occur anytime	After significant preparation	Set by Court
Cost	Economical	Expensive	Most expensive
Focus	Present and future	Past	Past
Issues	Parties can negotiate any issues they choose	Issues may be limited unless parties otherwise agree	Issues that can be decided are limited
Confidentiality	Private. All conversations, notes, and documents confidential	Private. No access to records except through other litigation	Public notice of lawsuit and access to filed records
Decision Basis	Interest of parties, collaborative	Facts and evidence	Facts and evidence
Binding Results?	Process is voluntary, settlement can be binding	Binding and often non-appealable	Binding and appealable
Enforceability	Settlement Agreement enforceable if the parties agree	Award can be entered as a judgment for enforcement	Judgment enforceable
Client Satisfaction	High client satisfaction. Mutuality of result	Possible satisfaction and sense of fairness	Low satisfaction, even for the "winner"

Charges for Services

Mediators

Service Areas

Mediation Services

Why It Works

City Hall

Mailing Address

Mediation Services

Why It Works

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