Rent Arrears Mediation: How to Resolve Back Rent Disputes

Oct 5

6 min read

Updated: 3 days ago

If you're behind on rent, a courtroom is usually the worst place to sort it out. By the time a case is filed, there are court costs, a public record, and a judge with very little time. More cities now push landlords and tenants into a room with a neutral mediator first. In some places it's required. Sometimes rental assistance money is attached.

This guide covers four mediation programs that are running heading into 2027: Philadelphia, Cook County, Washington, DC, and Massachusetts. It explains what each one actually does, who it's for, and how to use it whether you're the tenant or a small landlord. If you live somewhere else, the last sections explain how to find a mediator near you and what to bring.

Why Mediation Beats Waiting for a Court Date

Mediation is a structured conversation. A trained neutral person helps both sides agree on a plan, such as a payment schedule, a move-out date with no money judgment, or a repair-for-rent swap. The mediator doesn't decide anything. If you don't reach an agreement, you're no worse off than before.

For tenants, the big win is avoiding an eviction judgment, which can follow you on rental screenings for years. For landlords, it's getting paid sooner without legal fees and a vacant unit. Philadelphia's own program materials say that landlords and tenants reach agreements in roughly 70% of the cases where they take part in mediation.

Philadelphia: Mediation Is Required Before Filing

Philadelphia has the strongest rules of the four. Under the city's Eviction Diversion Program (Philadelphia Code § 9-811), a landlord who wants to evict for unpaid rent has to take these steps first:

Give the tenant a written Notice of Diversion Rights.
Apply to the Eviction Diversion Program.
Take part in good faith for 30 days.

The 30-day clock starts when the application is approved, not when it's submitted. If the dispute isn't resolved, the landlord can file in court on day 31.

There are three pathways: mediation only, Targeted Financial Assistance (TFA) only, or mediation plus TFA. Each tenant in mediation is assigned a HUD-certified housing counselor.

Here's what the city's January 2026 landlord presentation says about TFA:

The tenant's income must be under 80% of area median income.
The amount owed must be under $3,500.
The landlord has to opt in.
There can't have been a Landlord-Tenant court filing within the past year.
TFA pays the back rent (up to $3,500) plus two months of future rent. It's a grant, not a loan, and it goes straight to the landlord.
If both sides choose mediation plus TFA, they have to reach an agreement in mediation before the money is released.
A landlord who accepts TFA agrees to a "Protection Period" of two months after the last covered month, when they can't file in Landlord-Tenant Court. The tenant still has to pay rent during that time.

What to do:

Tenants: If you get a Notice of Diversion Rights, respond to it. Call the Philly Tenant Hotline at (267) 443-2500 for free legal advice. Low-income tenants in ZIP codes 19121, 19124, 19131, 19132, 19134, 19139, 19141, 19144, 19153 and 19154 have a right to a free lawyer in eviction cases.
Landlords: Apply and check the status of your application at eviction-diversion.phila.gov. If you reach an agreement on your own before a session, email a copy to EvictionDiversionProgram@coraservices.org.

Cook County: Free Help Before or After a Case Is Filed

In Cook County, mediation runs through the Early Resolution Program (ERP), part of Cook County Legal Aid for Housing and Debt. The circuit court's current order for the program, General Administrative Order 2025-08, took effect on August 21, 2025 and covers all six municipal districts, from Chicago to Markham.

ERP gives free legal help to tenants facing eviction and to small landlords dealing with eviction problems. It connects people to:

legal aid
mediation
referrals for rental assistance

It's open to Cook County residents regardless of income, language, or immigration status.

You don't need a court case to call. Phone ERP at (855) 956-5763, Monday through Friday, 9:00 a.m. to 4:30 p.m. If a case has already been filed, unrepresented landlords and tenants are usually referred to ERP at the first court date. Calling before that date gives you more time to line up assistance and a payment plan.

Washington, DC: Early Mediation Through the Courts

DC's mediation runs through the Superior Court's Multi-Door Dispute Resolution Division. There are two routes.

Early mediation through the Eviction Diversion Program (EDP). This is for residential cases already filed in Landlord and Tenant Court that are about unpaid rent or lease violations. Public safety cases aren't included. EDP is meant to help before the first hearing, and it also connects people to legal, financial and housing help. The court says early mediation may fit when:

less than $5,000 was owed at filing;
the tenant can keep paying rent going forward;
both sides agree to a confidential conversation with a trained mediator.

Contact: DCCourtEvictionHelp@DCSC.gov or (202) 879-2073.

Landlord & Tenant Mediation. This handles bench trial and jury trial cases. Jury trial mediations are held remotely unless both sides agree to meet in person. You must file a Confidential Settlement Statement at least 30 days before the session. Your case manager will email instructions 7 to 10 business days ahead. Any agreement becomes part of the court record, so it can be enforced.

Massachusetts: Free Statewide Mediation, Even Before Anything Is Filed

Massachusetts has a free statewide Housing Mediation Program run through local community mediation centers. According to Resolution MA, which coordinates the centers, it helps with unpaid rent and other disputes that could lead to eviction. You can use it before an eviction is filed or once a case is in court, though earlier is better.

To find your local center, open the state's EOHLC Resource Locator, select your town, and scroll to the Housing Mediation section. Centers work both remotely and in person.

Boston-area tenants can also get rental assistance and housing advice through the state's network at masshousinginfo.org. Once a case is in Housing Court, the court's Housing Specialists can also help the two sides reach a settlement.

No Program in Your City? How to Find One Anyway

Many places don't require mediation, but almost every metro has some free or low-cost option. Places to check:

Your court's website. Search your county name plus "eviction mediation" or "landlord tenant mediation." Many courts offer mediation on the first court date even if they don't advertise it.
Community mediation centers. These nonprofits often take landlord-tenant cases for free or on a sliding scale, before anything is filed.
Legal aid hotlines. Even if you don't qualify for a lawyer, they usually know which local mediation programs are running right now.
Your rental assistance agency. Some local programs only pay arrears after both sides sign an agreement. Ask about that up front.

What to Bring and How to Avoid a Bad Deal

Mediation works best when you show up with numbers instead of feelings. Before your session:

Know your real budget. Don't agree to $400 a month toward back rent if you can only pay $200. A broken agreement can lead to a fast judgment, especially when it's entered as a court order.
Bring documents. That means your lease, rent ledger or receipts, any texts or emails about repairs, proof of income, and anything showing a pending rental assistance application.
Ask what happens if a payment is missed. Agreements filed in court can carry strict default terms. Read them closely.
Ask about the record. In some courts a case can be dismissed or sealed after the agreement is completed. Ask your legal aid contact what's possible where you live.
Landlords: Be clear about the lowest amount and the latest date you can accept. Assistance programs often need your W-9 and ownership paperwork, so have them ready.

You don't need a lawyer to mediate, but it helps to talk with one first. Every program above either includes legal help or can point you to it.

Related Guides

Mediation goes better when you also line up some money. These guides list local nonprofits and churches that help with back rent and bills:

Closing Thoughts

Mediation isn't magic. It won't create money that isn't there, and it won't fix a relationship that's completely broken down. But for the most common situation, being a month or two behind with income coming back, it's usually faster, cheaper and less damaging than court for both sides.

If you're in Philadelphia, Cook County, DC or Massachusetts, the programs above are free and running now. Make the call before your court date, not the morning of it.

Program rules and phone numbers were checked in October 2026 and can change. Confirm with each program before relying on a deadline.