HomeMy WebLinkAbout06-03-25 Public Comment - A. Hall - Right to counsel for tenants - mediationFrom:Amy Hall
To:Bozeman Public Comment
Subject:[EXTERNAL]Right to counsel for tenants - mediation
Date:Tuesday, June 3, 2025 11:20:53 AM
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Dear Commissioners:
Thank you for your commitment to your community and for considering the vital matter of
funding a right to counsel for tenants.
I am writing to you today on behalf of Montana Legal Services Association (MLSA) to shareour perspective on the role of mediation in resolving landlord-tenant disputes.
Currently, Gallatin County does not mandate mediation, and Missoula County is the only
county in our state that requires it in justice court proceedings. In my twenty years ofexperience representing tenants in justice courts across Montana, I have observed that the
requirement of mediation itself is not the primary factor in whether a case resolves bysettlement. The key difference-maker is whether the tenant has legal representation.
When a tenant is represented by counsel, we find that approximately 90% of disputes with
landlords are resolved by agreement, whether through mediation or through direct negotiationswithout it.
Implementing a mandatory mediation component within a right to counsel program could
potentially increase the program's overall costs, unless mediators were to volunteer their time.It would not be ethical for the same firm providing tenant representation to also supply
mediators for the program.
Therefore, while mediation can be a useful tool, funding it as part of a right to counselprogram would not eliminate the fundamental need to fund legal counsel for tenants. A tenant
requires a lawyer during mediation to fully understand the implications of any settlementterms proposed by the landlord. Furthermore, a lawyer is essential to advise the tenant on their
prospects at trial if mediation is unsuccessful. Without representation in mediation, the tenantmay feel intimidated into agreeing to something that they know they cannot realistically do,
just because they don't realize they have a choice or because they don't feel comfortablepushing back against whatever the landlord wants. The power imbalance between tenants and
landlords is real, even when the landlord is unrepresented in mediation.
Sincerely,
Amy HallSupervising Attorney
she/her
Montana Legal Services Association616 Helena Avenue, Suite 100
Helena, MT 59601
Phone: (406) 442-9830 x 1114Fax: (406) 442-9817
Email: ahall@mtlsa.org
--Amy Hall
Supervising Attorneyshe/her
Montana Legal Services Association616 Helena Avenue, Suite 100Helena, MT 59601Phone: (406) 442-9830 x 1114 (NOTE: Amy's extension has changed from 114 to1114) Fax: (406) 442-9817Email: ahall@mtlsa.org