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Mediation Program Settled Over 25% of All Evictions Filed in Kane County in 2025

Just Court ADR, August 28th, 2026

More than 1 in 4 eviction cases filed in Kane County, Illinois, in 2025 were resolved through RSI’s eviction mediation program, and most participants were satisfied with their mediation and the process. Participating tenants and self-represented landlords were consistently referred to additional resources such as legal and rental assistance. These are among the findings in a new report coming out in September on the Kane County Eviction Mediation Program’s performance in 2025.

Background

RSI, the Illinois’ 16th Judicial Circuit Court and other partners established the Kane County Eviction Mediation Program in spring 2021. RSI administers and continually evaluates the program with funding from Eviction Help Illinois, administered by the Illinois Equal Justice Foundation (IEJF). All residential eviction cases in Kane County are eligible for the program. Most referrals to mediation occur at the judge’s prompting during the parties’ first court hearing. Mediations typically occur over Zoom. After mediation, all parties are sent a survey about their experience.

Participation and Agreement Rates

In 2025, 1,561 eviction cases, including both residential and commercial eviction cases, were filed in Kane County. RSI only has access to data that doesn’t differentiate between residential and commercial filings, but we know that 697 residential eviction cases (or 45% of all eviction cases) were referred to mediation and that 591 cases (85% of referred cases and 38% of all eviction cases filed) were mediated. (Note that because of the data limitations, the above numbers actually underrepresent the share of residential cases referred to mediation and mediated.) At 85%, the rate of referrals that led to mediation is the highest in the program’s history, tied with 2023, indicating the program continues its high level of service.

Parties reached agreement in 71% of the cases mediated (421 of 591). This represents 27% of all eviction cases filed in Kane County in 2025 (including commercial cases, which are not mediated). Although agreements can enable tenants to remain in their units (with Illinois Court-Based Rental Assistance, for example), or stipulate that they move out by a certain date, all mediated agreements enable the tenants to avoid an eviction order, which would negatively affect their housing and legal record.

Satisfaction with Mediation

RSI sent approximately 1,172 post-mediation surveys in 2025 and received 117 responses, for a response rate of 10%. Of these, 55 were from tenants, three were from tenants’ attorneys, 10 were from landlords, and 49 were from landlords’ attorneys. Some survey questions ask participants to rate their experiences on a five-point scale, and others ask for write-in responses. Five ratings questions explore participants’ experience of procedural justice, including aspects of respect, voice, trust and fairness.

Participants in all three groups — tenants, landlords and attorneys — generally gave high ratings for all five procedural justice questions, with an average above 4 on a five-point scale for each. However, attorneys and landlords were more likely than tenants to rate their experiences highly.

Respect. Almost all participants felt the mediator treated them with “very much” respect. Of the 117 who responded to this question, 108 (92%) gave a rating of 5, indicating the mediator treated them with very much respect. In all, 112, or 96%, of respondents gave ratings of a 4 or 5.

Few respondents made comments referring to respect; all were positive. One tenant commented that “the mediator was respectful while keeping us on point and making sure both sides understood what was discussed.” A landlord attorney wrote “the moderator made absolutely sure everyone was heard and respected.”

Voice. 8 in 10 participants felt they could talk about what was important to them. Of the 117 people who responded to this question, 93 (79%) indicated they could talk about the issues most important to them, giving a rating of 4 or 5. Only 15 (13%) felt they were not able to express what was important to them. Tenants were less likely than landlords and attorneys to feel they were able to talk about the issues important to them, with 62% (34 of 55) rating their ability to do so at 4 or 5, compared with 94% of attorneys (49 of 52) and all landlords.

In comments, ten tenants talked about feeling heard in mediation, with eight making positive comments. For two tenants, being heard led to a good resolution. One said, “The mediator asked both sides questions and I was able to explain I didn’t contest the eviction, I just needed a little more time to get out of the house, and the landlords [sic] lawyer gave me more time.” The other stated, “I was allowed to communicate what was important to me and ultimately come to an agreement without feeling ignored or unheard.” Two landlords reflected this same appreciation for feeling heard, saying “[The mediator] gave both sides adequate time to explain each side” and that they felt “heard and understood.”

Trust. Most respondents indicated they trusted their mediator. This question received 115 responses, with 92% of attorneys (47 of 51), 90% of landlords (9 of 10) and 83% of tenants (45 of 54) rating their trust in the mediator as high or very high. Three (6% of) attorneys and three (6% of) tenants responded that they trusted their mediator somewhat. However, one attorney and six tenants (11%) indicated they only trusted their mediator a little bit or not at all.

One tenant who indicated trusting their mediator only somewhat (a rating of 3) also shared this comment: “Sometimes during the moderation session, I felt the moderator and the plaintiff attorney knew each other just a little bit too much in my opinion. Overall, I felt the moderator was trustworthy, but had a pervious [sic] relationship with the lawyer that was or could be considered Bias.”

Fairness. Most participants felt the mediator treated them very fairly. The participants in general had very positive assessments of how fairly the mediator treated them. Of the 116 participants responding to this question, 105 (91%) gave a rating of 4 or 5, and 95 (82%) indicated their mediator treated them “extremely fairly,” with a rating of 5. Only four participants (3%) did not feel fairly treated, responding with a 2 (a little fairly) or 1 (not at all fairly). There was little difference between tenants, landlords and attorneys as to whether they perceived their mediator to be fair, with 85% of tenants, 90% of landlords and 96% of attorneys giving ratings of 4 or 5. However, they differed in the strength of their rating, with 70% of tenants, 80% of landlords and 94% of attorneys giving a rating of 5.

Most participants — 8 in 10 — felt their mediation process was fair. Of the 111 participants who responded to this question, 90 (81%) rated the fairness highly, with a four or five; 72, or 65%, indicated their mediation was extremely fair. Only 11 participants (10%) did not find the mediation to be fair. Notably, however, seven participants who felt the mediator treated them fairly did not think the process itself was fair.

Landlords and attorneys were more likely than tenants to perceive their mediation as fair. Of the 54 tenants who responded to this question, 72% (39) rated it as a 4 or 5, compared with 84% of attorneys (43 of 51) and 100% of landlords. The difference is more apparent when looking solely at whether respondents perceived mediation as extremely fair. Fewer than half of tenants — 48% (25 of 52) — gave a rating of 5, compared with 78% of attorneys (40 of 51) and 88% of landlords (7 of 8).

When asked to explain their fairness ratings, ten tenants commented on the balance of power. One noted that mediation “gave both of us time to have discussions about the reasons and difficulties both tenants and owners are having.” Another indicated that the agreement took what they wanted into account: “We agreed to an extent on what each side wanted.” On the other hand, seven tenants gave low ratings for their experience and made comments indicating they felt they had no power or control over the outcome. Many laid blame on the other party. For example, one shared “I didn’t have a choice. It was either pay a HUGE monthly payment or lose my house. There really was no negotiation involved.”

Referrals to Other Services

The program places high importance on assisting parties holistically because people facing eviction typically have other needs. Thus, staff referred parties in almost all of the 697 cases referred to the program to additional services, including 99% to legal assistance, as well as the following:

  • 98% (683 people) to housing counseling
  • 19% (131 people) to utility assistance
  • 15% (106 people) to food assistance
  • 8% (53 people) to disability services
  • 4% (27 people) to victim advocacy services

Conclusion

The program is having an impact on almost half of all people facing eviction in Kane County, with more than a quarter avoiding an eviction order. The participants who go through mediation generally have a positive experience. They feel they have voice, feel respected and believe the process is fair. There is, however, a power imbalance between tenants and landlords that can make some tenants feel the process is biased in favor of the landlords, whom they see as having all the power in determining the outcome of their mediation.

Look for the full 2025 report on RSI’s website next month to learn more about the Kane County Mediation Program, parties’ responses to additional questions about their experiences, and more.

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COVID’s ERA and Beyond: How Rental Assistance Affects Eviction Mediation

Stephen Sullivan, June 18th, 2026

Recently, we looked back at the past five years of RSI’s Kane County Eviction Mediation Program. When we launched the program during the COVID-19 pandemic, an eviction moratorium was in place and the prospect of mass evictions loomed. Families feared losing their homes, landlords contended with uncertainty over managing property costs, and courts were concerned about their capacity to handle the anticipated volume of eviction cases.

Stock Photo by Nicola Barts via Pexels

The program’s primary goal has been to provide mediation as an opportunity for tenants and landlords to avoid eviction and pursue alternative solutions. One of the key ways we support this work is to connect parties to resources that may help them navigate their situation, including legal aid and information, financial counseling and, crucially, rental assistance. During the pandemic, the Emergency Rental Assistance (ERA) program helped renters who fell behind on payments. In the years since, our staff has continued to reach out to state and local programs to determine what assistance is available and to share this information with parties.

In this article, I discuss the program’s role in sharing resources with parties and how the availability of rental assistance supports positive mediation outcomes. I also discuss recently published research by Eviction Lab analyzing the ERA’s impact across the country.

Sharing Resources with Parties

Most eviction cases that enter our program involve nonpayment of past due rent due to financial hardship. Rental assistance programs provide emergency relief in such cases; funds can cover back rent or a set amount of future rent for eligible applicants. Rental assistance benefits both tenants and landlords. It ensures landlords get the rent they are owed and helps tenants maintain their housing and avoid having an eviction on their record.

However, tenants and landlords often do not know how to access these funds or how to determine their eligibility. Sometimes these programs are also paused as states or localities determine their budgets. These factors may prevent interested parties from knowing about or accessing critical resources to ease their situation. 

This is where the Eviction Mediation Program steps in. As Program Manager Christina Wright shared, “Our program has the opportunity to keep the court and parties informed of these programs, increasing the likelihood of use with or without mediation. Rent assistance is a lifeline for both landlords and tenants and often plays a role in resolving said cases.” Our program staff regularly refers tenants and landlords to rental assistance programs, particularly the Illinois Court-Based Rental Assistance Program (CBRAP), which provides up to $10,000 to cover past due rent and/or funds to cover two months of future rent.

Rental assistance is especially time sensitive because application approval and disbursement of funds cannot happen immediately. At this early stage of the case, self-represented tenants and landlords are often overwhelmed by the amount of information they receive and feel unsure about what they need to do. This is where the mediation program’s intervention can make a meaningful difference. Ensuring parties can effectively and capably access the resources they need remains a core part of the work we do.

Rental Assistance Benefits to Mediation

RSI connects tenants and landlords to resources at various points of the mediation process. Beyond the direct benefits they provide, these resources also help parties better prepare to participate in mediation. As a result, parties are able to develop agreement terms that are practicable.

Without rental assistance resources, the scope of possible solutions narrows. Financial issues may remain unresolved if tenants feel unsure about what they can pay or are pressured to agree to payment plans that they later cannot meet. “We see fewer opportunities for parties to settle with a ‘pay and stay’ agreement,” shares Wright. RSI’s evaluation of New Hampshire’s Eviction Diversion Program found a similar trend. When the state’s rental assistance funding ended, overall agreement rates held, but the proportion of agreements to stay dropped (from 62% before rental assistance ended to 31% afterward).

Research on other eviction mediation programs finds that the availability of rental relief contributes to positive mediation outcomes. For example, an evaluation of Hawai’i’s Act 57 mediation program, established to anticipate the end of the state’s eviction moratorium in August 2021, found that 66% of agreements that involved the repayment of back rent noted the use of rental assistance[1]. Mediators and attorneys interviewed for the study agreed that rent relief helped parties to resolve their disputes[2].

A similar evaluation of an Eviction Diversion Program in Philadelphia found that cases were less likely to result in a subsequent eviction filing if parties received rental assistance (7.4% filing rate) than if they did not (42.2% filing rate). The researchers also note that provision of rental assistance made a meaningful impact in lowering court filing rates whether or not parties mediated or reached an agreement. The lowest rates were among those who received assistance, mediated and reached an agreement (4.2%) and those who received assistance, did not mediate but reached an agreement (1.8%).

When RSI launched our eviction mediation program, ERA was the largest source of rental assistance funds. Eviction Lab recently conducted a study on whether ERA was successful at reaching those who needed assistance most and what patterns emerged in how states distributed funding. Overall, their data suggests that ERA spending was significantly higher in high-risk neighborhoods —where eviction cases were most concentrated before the pandemic. They found that ERA also reached the demographics most at risk for eviction, including renters in majority-Black and majority-Hispanic neighborhoods. Additionally, households with children and those with higher unemployment rates received higher rates of funding than those without children or with lower unemployment rates. States varied in how they distributed funds, but Eviction Lab’s data suggests that these variations had little effect on national patterns: “the distribution of aid matched the geography of housing insecurity.”

Conclusion

These findings point to the benefit of having external support programs such as rental assistance to promote mediation program objectives and help tenants and landlords avoid eviction. Reaching parties who may not know what resources are available or how to access them remains a challenge. This is where effective communications — such as those we identified in our OPEN Project — can make a meaningful difference. The RSI research team is currently working with the eviction mediation program team to update our program materials to ensure parties can effectively learn about the program and access the resources they need. Stay tuned for updates on this project.

[1] The researchers note that it is unclear whether the remaining 33% of cases did not involve rental assistance or if the mediator did not make reference to it in the settlement agreements.

[2] The researchers note that while rent relief availability is an important factor to ensuring housing stability, it alone does not ensure such an outcome. They note that combining rent relief with a robust pre-litigation mediation process strengthens mediation outcomes.

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A Look Back at Nearly Five Years of RSI’s Kane County Eviction Mediation Program

Sandy Wiegand, April 22nd, 2026

When RSI launched the Kane County Eviction Mediation Program in May 2021, the Chicago collar county was facing the prospect of an onslaught of evictions as it became evident that pandemic-related eviction moratoria could soon wind down. Having cost so many lives and livelihoods, COVID-19 was also threatening people’s homes.

Today, as the eviction mediation program nears the milestone of five years in operation, we are taking the time to reflect on its goals and share some of its outcomes, including observations from some of the folks involved. Stay tuned in the coming weeks, too, for a more detailed and rigorous report from our Research Team, evaluating the program’s performance in 2025.

Stock photo by Kamaji Ogino via Pexels

Goals and Opportunities

RSI and Illinois’ 16th Judicial Circuit developed the Kane County Eviction Mediation Program together because we saw its potential to help families avoid sheriff’s eviction, as well as to help the court — which had only one eviction judge — manage the “tsunami” of evictions some feared would overtake it when the state’s eviction moratorium ended. Supporters also recognized that the grant-funded mediation program, which was free to participants, could benefit landlords by being cost-effective and potentially helping them to avoid empty units.

One of the program’s early, vital proponents was Judge John Dalton, who presided over Kane County Eviction Court from the program’s inception through December 2023. Judicial support has been key to the success of the program, as a 2022 RSI report stated: “The program can only function if the judges support it both by educating the parties about the resources available to them and by either strongly encouraging or requiring the parties to attend mediation. When tenants and landlords are educated about the benefits of mediation, they are more likely to want to participate.”

Noting that Kane County had been the first in Illinois to launch an eviction mediation program, Judge Dalton commented in 2023: “We have been overwhelmingly pleased with the outcomes. It has been successful in assisting landlords and tenants in reaching mutually beneficial agreements.”

Those with ADR experience, including RSI, foresaw another set of benefits from the eviction mediation program. One was the opportunity for parties to experience procedural justice, elements of which include feeling able to express oneself in mediation, finding the mediation process fair, and feeling satisfied with the process. We also knew that mediation carried the possibility of parties finding creative solutions in a way that was unlikely to occur in court.

Furthermore, because mediation was conducted online, and because the program did not charge parties any fee, it could increase access to justice. 

“(B)eing able to participate in mediation remotely via Zoom has been a huge benefit to all parties,” RSI Eviction Mediation Program Assistant Cathy McCoy noted. “Attending mediation and court in person in Kane County can be difficult without access to transportation, given the layout of the county.”

Mediations, Agreements and Avoided Evictions

Over the course of its existence, the Kane County Eviction Mediation Program has mediated almost 3,000 cases, which led to more than 2,100 agreements that helped parties avoid eviction. RSI program staff has also connected thousands of parties to support such as financial and housing counseling, legal aid, utility assistance and rental assistance.

Cathy, who joined RSI’s staff in 2025, has also been a paid mediator for RSI since the program’s beginning. In 2024, her dedication to providing a supportive process for eviction mediation parties led her to begin volunteering in person at the Kane County Courthouse in Geneva, Illinois, as well. (Although parties can attend mediation and court online, some still choose to attend in person.)

“Eviction mediation can benefit both tenants and landlords, both by shortening the time it takes to resolve their case and by reducing the stress level so that parties can focus on the future and make difficult decisions,” Cathy told us in 2024. “Most importantly, mediation can help avoid evictions and provide a bit of stability during challenging times.”

Tenants in eviction cases are overwhelmingly self-represented, and they often feel overwhelmed and powerless trying to navigate their case. Access to mediators and other support personnel can reduce their barriers to justice. “I often work with pro se parties that express gratitude that RSI mediators help them understand the process and empower them to make decisions, when the expense of an attorney would be a financial burden,” Cathy explained.

Sophie Rexrode is an Illinois Justice Corps fellow who has worked alongside Cathy at the courthouse, providing parties with information about the eviction court process, mediation and rental assistance. Sophie points to the program as a means to improve access to justice, while also noting that promoting dialogue can have additional, less obvious impacts.

“(B)uilding out parallel and alternative ways of resolving issues is tremendously important if we are interested in having a justice system that works for everyone, and the eviction mediation program is a significant step in that direction,” Sophie said recently of the program. “I also think that opening doors for dialogue in the community is critical, and the benefits from that ripple outward even if an individual case doesn’t get resolved.”

Judge and Party Feedback

In 2024, a new presiding judge was assigned to the Kane County Eviction Court and its eviction mediation program. Judge Elizabeth Flood oversaw the mediation program from January 2024 through December 2025. “I think the program was effective in facilitating communication between the parties and giving tenants the possibility of keeping their housing or negotiating more favorable terms to move or decrease debt,” she told RSI recently.

Many on the other side of the bench seemed to agree with this assessment. RSI’s Research Team regularly surveys Kane County Eviction Mediation Program participants as one way to evaluate the program’s effectiveness. Although feedback on the program has not been universally favorable (read full reports on the program’s survey responses on RSI’s website), the great majority of comments have been positive. Here are a few: 

“When people go through a difficult time, this program gives them a chance.”

“This program is a life preserver to a drowning person. Thank you.”

“This process gave me hope that I could get through a difficult time in my life, without having to further upset my life via eviction! I am very grateful!”

And apart from the surveys, just this month, a landlord emailed program staff to say:

“I truly have nothing but incredibly positive things to say so far in the mediation process and [staff member] was beyond helpful.”

The same week, an attorney sent staff the note:

“I generally have nothing but positive things to say about the mediation program. It has helped me resolve [many] cases over the past few years. … I appreciate that the program is available to facilitate resolution.”

Procedural Justice

RSI’s post-mediation surveys of Kane County Eviction Mediation Program participants focus in particular on measures of procedural justice, or the degree to which people feel they have been treated fairly during the process. In addition to being a useful gauge of participant satisfaction, procedural justice is important to the effectiveness of mediation. When people leave mediation with a sense of having been treated fairly, they tend to be more likely to abide by the agreement reached.

RSI’s survey asks questions about voice, fairness, trust in the mediator, respectful treatment by the mediator and more. Throughout the lifetime of the Kane County program, survey respondents have consistently given it high marks for procedural justice. For example, parties who responded to RSI’s surveys after participating in the program in 2025 gave an average rating above 4 on a five-point scale for each of the five procedural justice questions.

Comments from parties often reflect their appreciation for having a voice in the process and feeling respected. For example, tenant comments from surveys on mediations held in 2025 included the following:

“[Staff member] and [mediator] … made me feel important, I was heard, I was treated fairly and it made a stressful situation very comfortable …”

“[Mediator] did a great job at making sure both myself and my landlord were ‘heard.’”

“The mediator was fair with both sides which is all anyone could ask.”

Likewise, landlord’s attorneys who took surveys provided the following comments regarding 2025 mediations:

“Mediator was fair to both sides and not overly pushy toward settlement. Mediator was incredibly inquisitive, prompting both sides to be more honest or consider things they had not considered. Mediator was patient and thorough, made sure the case was settled and worked through tech issues with the tenant.”

“The resolution took into account the requests and needs of both sides.”

Asked about the program’s impact on parties, Judge Flood summarized: “I believe most parties felt they had a greater opportunity to express themselves and be heard than in a busy courtroom.”

Benefits to the Court

Both Judge Dalton and Judge Flood also credit the Kane County Eviction Mediation Program with helping the court run smoothly.

“Around 70% of the cases referred to mediation were resolved with a settlement agreement,” Judge Flood noted, “which streamlined the court process, led to quicker resolutions, and alleviated the need for trial settings on the majority of the cases.”

“Thanks to this program, the court has been able to run efficiently during an eviction surge,” Judge Dalton said.

RSI is grateful to the funders of this program over the years, including the American Arbitration Association – International Center for Dispute Resolution Foundation and the Illinois Equal Justice Foundation.

We hope to see the program continue for many years to come.

Hon. Elizabeth Flood

A Q&A With Judge Flood on ADR, Mediation

RSI has administered the Kane County Eviction Mediation Program in Illinois’ 16th Judicial Circuit since 2021. Hon. Elizabeth Flood, the first woman to be appointed Presiding Judge of the Family Division in the 16th Circuit, presided over the Kane County Eviction Court and oversaw this mediation program from January 2024 through December 2025. During Judge Flood’s time overseeing the program, it mediated over 1,100 cases, reached almost 800 agreements, and avoided eviction in 792 cases. Throughout the life of the program, it has also connected thousands of parties to support such as financial and housing counseling, legal aid, utility assistance and rental assistance.

With Judge Flood having recently been transferred to another courtroom, we wanted to catch up with her while her thoughts on the Kane County Eviction Mediation Program were still fresh.

What were your initial thoughts about the mediation program when you were assigned to the Kane County Eviction Court?

I was curious about the impact it had on the cases and resolutions.

Did you have previous interest in, or exposure to, mediation or other types of ADR?

I had presided over a family/divorce courtroom for six years, and we often used individual mediators in those cases to resolve parenting and financial issues. In the courtroom which handled evictions, I also presided over arbitration cases, in which parties were ordered before an arbitration panel to facilitate resolution before trial.

How would you describe the impact of the Kane County Eviction Mediation Program?

I think the program was effective in facilitating communication between the parties and giving tenants the possibility of keeping their housing or negotiating more favorable terms to move or decrease debt. I believe most parties felt they had a greater opportunity to express themselves and be heard than in a busy courtroom.

Around 70% of the cases referred to mediation were resolved with a settlement agreement, which streamlined the court process, led to quicker resolutions, and alleviated the need for trial settings on the majority of the cases.

What were some challenges for/with the program?

Some counsel representing landlords did not like the intervening step and subsequent three- to four-week delay if a case could not be resolved. A few did not come to mediations prepared with full information or a mindset to negotiate. We had meetings with many of the plaintiffs’ counsel explaining the benefits to both sides and the expected behavior and parameters.

You were also a part of an ADR Task Force created by the Illinois Judicial Conference as part of its 2025 Strategic Agenda Operational Plan. The 2026 Strategic Agenda Operational Plan has a similar ADR initiative Are you still involved?  

The task force is continuing; I am not involved as I recently moved to a courtroom which does not utilize arbitration, so I did not feel I had adequate background and knowledge to meaningfully contribute at this point. 

Why did you join the task force? What did you gain from the experience?

I was nominated to the task force; I gained a better understanding of the challenges and benefits from all stakeholders in arbitration programs.

How has your understanding of ADR evolved after partnering with the mediation program and participating in other ADR projects?

Both programs shed light on the issue of better communication between the parties leading to better outcomes in court, and the role the courts can play in encouraging and facilitating this communication.

Are there any lessons or experiences you bring with you into your new courtroom from your time in eviction court?

I will look for instances in which mediation or arbitration may be helpful in resolving any cases, in order to increase the efficiency of the courtcall for all sides.

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New Toolkit Helps Mediators Manage Power Imbalances Within Eviction Cases

Victoria Wang, February 11th, 2026

What happens when one party is an experienced attorney ready to negotiate, while the other is a self-represented tenant who is unsure of what to say or what the terms in the agreement really mean? This scenario is common in eviction mediations, where differences in legal knowledge, resources and confidence can create a stark imbalance in disputes between landlords and tenants. These imbalances are not always obvious, but they can quietly shape the course of the discussion and the fairness of the outcome. For mediators, navigating these dynamics is one of the toughest challenges of eviction cases. How does a mediator balance power without going too far in assisting the tenant? 

To better support mediators in this critical work, Resolution Systems Institute (RSI) has developed a Power Imbalance Toolkit. This resource draws on direct observation of eviction mediations, review of academic literature, and feedback from practitioners to identify the most common imbalance issues and provide practical strategies for mediators to address them. The toolkit is designed to be both accessible and actionable: Mediators can use it for training, preparation or even a quick reference during a session.

Why a Toolkit on Power Imbalance?

Since 2021, as an aspect of fulfilling its mission to enhance court alternative dispute resolution (ADR) systems, RSI has administered an eviction mediation program in Kane County, Illinois. As part of this work, RSI observes eviction mediations from time to time to identify what is working well and where additional support for mediators might be needed.

In the summer of 2025, our research team focused specifically on how power imbalance plays out in these sessions. In reviewing these mediations, we noticed recurring patterns: Tenants frequently came to mediation not understanding the court process, and they struggled with legal terms and procedures; mediators grew familiar with attorneys from past mediations; and some tenants became silent or disengaged under the stress of the situation.

Academic research confirms that power imbalances can erode mediation’s intended benefits. Research points out that while mediation has the potential to give tenants a voice and produce fairer outcomes than litigation, these benefits can be undermined when mediators lack clear strategies for addressing imbalance. Moreover, consistent with RSI’s observations, scholars highlight the persistent and layered power disparities in landlord-tenant relationships, from differences in financial resources and legal knowledge to broader structural inequalities such as poverty disparities. A review of the related literature finds a gap: Much has been written about structural reforms and ethical questions, but less attention has been paid to the micro-level conduct of mediators and the practical steps they can take during sessions to account for power imbalances.

We saw during our observations that mediators sometimes responded well to these challenges, but at other times they lacked specific tools or awareness to recognize and respond to power imbalances in real time. For example, in some sessions, tenants asked about legal terms, but mediators hesitated to provide an explanation, noting that they had not received clear guidance on how to handle such requests. This is not uncommon among mediators in general, and it is not surprising. Most mediation training covers neutrality, communication and facilitation skills in a comprehensive way, but power imbalance in eviction cases raises a distinct set of issues that may not be directly addressed in standard training. In addition, many mediators are also mindful of maintaining clear distinctions between providing legal information and providing legal advice.

We developed the Power Imbalance Toolkit to help bridge this gap, offering mediators concrete, context-specific strategies to recognize and respond to the challenges of eviction mediation in real time.

What’s Inside the Toolkit?

The toolkit is organized into nine sections, each focused on a particular imbalance that mediators are likely to encounter in eviction sessions:

  1. Technological Issues — When parties join remotely, particularly via mobile phone, and struggle with Zoom functions, electronic document signing, etc.
  2. Mediator Mediated with the Attorney Before — When mediators have mediated with the attorney before and have a level of familiarity with them, which tenants may see as an indicator of bias 
  3. One Party’s Dominance — When one party controls the conversation, sidelining the other party
  4. One Party’s Silence or Passivity — When one party remains quiet, making it possible to mistake silence for consent
  5. One Party’s Emotional Stress and Fear — When parties’ anxiety or fear inhibits participation
  6. Parties’ Unfamiliarity with Court Procedures and Legal Terms — When parties, usually tenants, do not understand legal terms like “seal the case” or “dismissed without prejudice”
  7. Complex Proposals — When attorneys suggest intricate settlement terms that may be hard for tenants to grasp
  8. Drafting Agreements — When agreements are written in legalese or terms are dictated by attorneys without tenant input
  9. Scope of the Discussion — When attorneys limit the scope of the conversation and do not address issues like unpaid rent after a tenant moves out

Each section of the toolkit follows the same structure to make it easy for mediators to use. It begins with “What is the issue and what should I watch for?,” which describes the specific imbalance and highlights common warning signs that might appear during a session. The second part, “What should I do?,” provides concrete approaches that mediators can take, including sample questions and prompts to encourage fuller participation or check for understanding. Finally, each section ends with “Quick Tips for Your Toolbox,” a concise summary that mediators can consult at a glance, whether as preparation just before a mediation or as a quick refresher.

The toolkit also includes a plain-language glossary of legal terms that commonly arise in eviction mediation. Terms like “sealing the case” and “dismissed without prejudice” can be intimidating to tenants who are unfamiliar with court processes. The glossary gives mediators simple, accessible definitions they can use to ensure tenants understand what is being discussed.

How Mediators Can Use the Toolkit

The Power Imbalance Toolkit is meant to be flexible. Mediators can:

  • Prepare before sessions by reviewing the common issues and reminding themselves of strategies to address those issues
  • Reference it quickly during sessions for language prompts or quick tips
  • Incorporate it into training for new mediators who are just beginning to work on eviction cases

RSI sees the toolkit not as a static document, but as a living resource. We encourage mediators to share their feedback and experiences, which will help refine and expand the strategies over time.

Looking Ahead

Addressing power imbalances in mediation is essential to ensuring fairness and accessibility. While mediators cannot eliminate the structural disparities that exist outside the mediation room, they can take meaningful steps to create a process where all parties feel heard and where agreements reflect informed consent.

The Power Imbalance Toolkit is part of RSI’s broader mission to strengthen mediation practice and improve access to justice. We hope mediators will find it useful in their day-to-day work and that it sparks conversation about how to best support tenants and landlords navigating the difficult realities of eviction.

You can read and download the full Power Imbalance Toolkit on our website. We welcome your feedback and ideas for future updates. Together, we can continue building mediation practices that are fair, effective and responsive to the communities they serve.

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