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ADR FEATURE

as to the prospects for settlement. And on a an additional eviction judgment having been
number of occasions, parties simply need time to rendered against the tenant. C. David Witt is an ADR Specialist
reconsider what they’ve heard and what they’ve The option of the sealing of a record has with the Cleveland Housing Court
witnessed and what they’ve reviewed as a sample become a valuable asset the dispute resolution and an adjunct professor at Case
Agreed Judgment Entry. If there is an impasse specialists can utilize within the settlement Western Reserve University. He
following one or more conferences, a dispute process to the advantage of both the landlord has been a CMBA member since
resolution specialist can email or mail additional and the tenant. A landlord can agree to 2014. He can be reached at (216) 664-6105 or
alternative resolutions for consideration by the endorse a sealing of the record, but with the wittc@cmcoh.org.
parties. Settlement discussion need not be a sealing of the record predicated upon the
single moment in time. tenant complying with possession and money
commitments set forth in the settlement
Another asset is the Cleveland’s Housing agreement.
Court’s Social Service Referral Program. Some assets invoked by the Cleveland Niki Z. Schwartz
Tenants who are aged, or are veterans, or who Housing Court may be characterized as unique
have a mental health diagnosis, can obtain or specialized, given the context of the Court. Mediator/Arbitrator
assistance from a referral specialist who can However, that should not preclude other courts
help to ease the consequences of an eviction. from examining the standardized needs of
Behavior issues such as a Hoarding Disorder parties that appear before them. Other assets
can sometimes be the basis for an eviction. But are useful for all courts. Courts can have the
an agreement can be achieved preserving a lease, flexibility, with the assistance of a dispute
predicated upon the tenant agreeing to utilize resolution specialist, to include settlement
the resources of available agencies to help resolve elements beyond the pleadings themselves.
the tenant’s behavioral problems—the Court, Examples include apologies, agreements to
as always, remaining vigilant to monitor the avoid future contact, and a full resolution
commitment on the part of the tenant. of all claims. A settlement can be privatized
Judge O’Leary has recently introduced an with confidentiality requirements, the court
additional asset. Many landlords, in assessing a retaining jurisdiction to monitor the settlement.
potential tenant, examine whether an eviction Charles Dickens wrote another novel, A
case has been filed against the tenant at any time, Tale of Two Cities, in which he observed “it “If he can settle
irrespective of the outcome. This means that as a was the best of times,” and “the worst of times.” a prison riot,
practical matter, the simple filing of an eviction— Had he found his way to Cleveland’s Housing
which becomes a matter of public record—can Court, he likely would have reaffirmed that he can settle
be a kind of “scarlet letter” for a tenant. Even position, calling it A Tale of Two Litigants,
if a tenant wins the eviction case, or the case is somebody winning and somebody losing. anything!”
dismissed, or the landlord is later made whole, But thanks to the assets generated by Judges
the damage is already done. Pianka and O’Leary, dispute resolution can be
To combat this problem, the Cleveland an alternative good time to the benefit of both 216-696-7100
Housing Court now allows parties to file Plaintiff and Defendant. In the words of B. B.
motions to seal eviction records. Generally, a King, let’s expand dispute resolution so that we nzs.adr@gmail.com
tenant’s record can only be sealed where: 1) the can “let the good times roll!”
Court dismissed a claim or entered judgment in
favor of the tenant, 2) the landlord dismissed the
claim for possession, or 3) the landlord agreed
to a sealing of the record. In all cases, the Court
requires the tenant’s motion to seal to be served Michael Jackson, Retired Judge
upon the landlord who obtained the judgment so Cuyahoga County Court of Common Pleas
that the landlord has an opportunity to respond.
There is one additional scenario where a tenant’s Mediator Arbitrator Private Judge
record may be sealed. If a landlord prevailed on 216-280-5502 mej@wowway.com
the merits of the claim for possession—but there
were extenuating circumstances that led to the
eviction such as medical issues and/or loss of Business / Public Sector
employment, a tenant may have the opportunity Malpractice / Injury
to seek a sealing of the record. But in such an Labor / Employment
instance, the Court will only consider the motion
where at least five years have elapsed without
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