Temporary Residential Summary Eviction Mediation Program
- ADKT 0567: TEMPORARY RESIDENTIAL SUMMARY EVICTION MEDIATION RULES
- East Fork Justice Court Mediation Program
ADKT 0567: TEMPORARY RESIDENTIAL SUMMARY EVICTION MEDIATION RULES
The Nevada Supreme Court has ordered a Temporary Residential Summary Eviction Mediation Program to be effective on October 15, 2020. This order will remain in effect until the earlier of:
- The exhaustion of CARES Act fund or other funding to pay for mediators and the administration of the program; or
- May 31, 2021.
Notice of Services
As required by the Nevada Supreme Court, the East Fork Justice Court provides a Temporary Residential Summary Eviction Mediation Program for Non-Payment of Rent per NRS 40.253.
- Rental Aid Programs, legal aid programs, or self-help centers may be available to assist you. Please click below for more information.
Landlords are required to provide certain information in their Landlord’s Notice include:
- An existing mediation program through the East Fork Justice Court
- Rental Aid Programs
A landlord may comply with the notice requirements by including in the notice, in bold type, the following:
“Tenants are advised that the East Fork Justice Court has information on its website concerning the availability of mediation and government-sponsored rental assistance, among other matters. A tenant may access this information at: www.eastforkjusticecourt.com/civil/landlord-tenant/”
Here is an updated version of the 7-day Notice to Pay Rent or Quit form.
East Fork Justice Court Mediation Program
All statements and communications made during the mediation process, including pre- or post-mediation communications are confidential and, under NRS 48.105 and NRS 48.109, not subject to discovery or admissible in a proceeding unless all mediation participants agree in writing or a statute or court rule requires otherwise.
Costs and Payments for Mediation
Mediation shall be conducted at no cost to the landlord or tenant.
Tenant’s Request for Mediation Instructions
While submitting an ”Affidavit/Declaration in Opposition to Summary Eviction for Non-payment of Rent”, a tenant will also be provided the “Request for Eviction Mediation” form. If the tenant is seeking mediation, this form must be completed and submitted to the court for filing.
Landlord’s Request for Mediation Instructions
A landlord may request mediation of a summary eviction action by stating that request in the complaint for eviction or the notice to pay rent or quit filed by the landlord in the matter. Regardless of whether the landlord requests mediation, any request for mediation must include:
- A preferred method of mediation, i.e., whether in person, by telephone, or by videoconferencing;
- The name of the individual who had authority to settle the case and will be participating in the mediation; and
- Accurate contact information for the individual with the authority to settle the case, including address, telephone number, and email address for receiving notices from the court and mediator.
- A landlord may also request mediation using the following form: “Request for Eviction Mediation”
- The Request for Mediation must be submitted when filing the summary eviction documents with the court.
Prior to Mediation
If the landlord or tenant requests mediation of a summary eviction action, immediately upon the filing of the complaint by the landlord, the court will serve a written order to the landlord, tenant and Mediation Administrator that:
- Sets the date, time, location and method of the summary eviction hearing. This date shall be no sooner than 30 days after the filing of the complaint;
- Provides the contact information of the Administrator, landlord, and tenant. The Landlord and tenant are required to contact the Administrator immediately of the listed contact information has changed or another method of contact is preferred;
- States that the Administrator will assign a mediator who will notify the parties of the date, time, location and method of mediation;
- Directs the landlord and tenant to register with the online portal maintained by the Administrator, if one is established. (Portal access is pending at this time)
- Notified the landlord that failure to participate in mediation may result in dismissal of the summary eviction action, and
- Notified the tenant that failure to participate in mediation will result in the summary eviction hearing proceeding as scheduled.
Proceeding to Mediation
No later than 2 working days after receipt of the order from the court, the Mediation Administrator shall randomly select and assign a mediator to preside over the mediation and shall notify the selected mediator of the assignment. All mediators will be appointed by the Nevada Supreme Court to serve as mediators.
No later than 3 days after notification of the selection by the Mediation Administrator, the assigned mediator shall send notice to the landlord, tenant, Mediation Administrator and interpreter (if one is requested) of the date, time, location and method of meditation by email, regular mail, or the online portal maintained by the Mediation Administrator (Portal access is pending at this time). The mediator will consider the tenant’s and landlord’s mediation preferences but the ultimate decision is the mediator’s.
- The mediator shall set the mediation for a date not later than 3 judicial days prior to the date of the summary eviction hearing previously set by the court.
- During the mediation, the mediator will discuss with the parties the facts and issues involved, and assist the parties in identifying and resolving issues, exploring rent relief and other funds available to resolve the dispute and settlement alternatives.
- Mediation will continue until a settlement is reached or the parties have reached an impasse. If settlement is reached, the mediator will assist the parties in reducing their settlement agreement in writing. The written settlement shall be signed by both landlord and tenant. (Electronic signatures are acceptable.)
- At least 2 judicial days prior to the scheduled court date, the mediator must file either:
- A copy of the written settlement agreement with the court; or
- A document identifying that no settlement was reached and whether either party failed to appear.
Proceeding to Hearing Date
At or before the hearing, the court will review any written settlement agreement or report of the mediator indicating whether a party failed to appear for mediation.
- If the landlord fails to appear at mediation, the court may dismiss the complaint.
- If the tenant fails to appear at mediation, the court must proceed with the hearing on the summary eviction.
- If parties entered into a written settlement agreement, the court must review the terms of the agreement and determine how the case is to proceed.
- Motions to enforce settlement agreements arising through mediation must be heard within 7 – 10 judicial days. If you believe that your settlement agreement has not been followed, you must file a motion with the court explaining what you are asking for, and serve a copy on the opposing party by mailing it to them. After hearing, if the court issues an eviction order, the tenant is not eligible for a further stay of execution of the order.