Mandatory mediation before lawsuit
Required mediation before court is generally reasonable — it can save time and money. Just ensure costs are split fairly.
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What it actually means
Mediation is a structured negotiation with a neutral third party. It's non-binding — you can still go to court if it fails.
This is less problematic than arbitration because you retain your court rights.
What it looks like in a lease
"Prior to initiating any legal action, the parties shall attempt to resolve disputes through mediation."
What to watch for
- Cost-splitting
- Time limits
- Whether it delays access to court
How to negotiate it
Accept this — it's reasonable if costs are shared.
When it crosses into a red flag
- Tenant pays all mediation costs
- No time limit on mediation
Frequently asked questions
Is mediation binding?
No — unless you reach an agreement. If mediation fails, you can still sue.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
