The federal Fair Housing Act was established to end discriminatory practices involving housing options. It prohibits discrimination on the basis of race, color, national origin, sex, religion, familial status or disability when it comes to buying real property, renting a property, obtaining financing for real property or being able to enjoy housing without discrimination. State laws may provide other protected classes, such as ancestry, source of income, age, marital status or sexual orientation.

This area of law is a prime for mediation because it provides a number of key benefits that are not available in other forums. When parties litigate fair housing matters, they may eventually wind up with the outcome that they want but after assuming considerable expenses and the loss of time. By the time a case is resolved, the property may have been sold or rented to someone else or the prospective tenant may have obtained alternative housing.

In contrast, mediation provides a faster resolution. The parties can often reach an agreement quickly while the property in question is still available. Mediation does not require that litigation be pursued or that the parties wait for the court docket to open up. Instead, mediation can occur as soon as both parties are available and the mediator schedules it.

At the core of many fair housing cases are misunderstandings. In the litigation process, there is often no opportunity for the parties to try to clear up misunderstandings. They may quickly lawyer up and be advised not to have direct contact with the other party. In mediation, the parties are encouraged to openly communicate. The process is private and confidential and nothing said during mediation can be repeated later if the parties are unable to resolve their case through mediation. Therefore, they do not have to be as guarded with their communication. This can help landlords or others to explain what nondiscriminatory factors contributed to the negative action, which can often help the parties reach a mutual resolution.