The West Hollywood Chamber of Commerce (“WHCC”), in partnership with the City of West Hollywood, is offering a Mediation Service for West Hollywood commercial tenants and their landlords. This complimentary, supportive, and confidential process provides counseling, and conciliation between parties that have been impacted by COVID-19 ("the “Mediation Service”).
The Mediation Service aims to help tenants and their landlords reach mutually agreeable settlements on how to structure rent deferral and reductions and other lease amendments where warranted to help businesses reopen and stay in business and landlords best maintain good tenants and preserve their properties over the difficult months ahead.
With the uncertainty of recovery, and the unfortunate ramifications the shutdown of business due to COVID has and will continue to cost both landlords and tenants, Mediation Services is a pragmatic way to amicably resolve differences and avoid the time and expense of costly future litigation and provide the parties some assurance for the months ahead.
Eligibility for WHCC Mediation Services Must be a business tenant located within the City of West Hollywood.
Fees and Costs The Mediation Service is provided on a complimentary basis by the City of West Hollywood for one 3 to 4-hour session. Parties unable to resolve issues within the allotted timeframe are encouraged to continue mediation to resolution by directly contracting with your mediator at negotiable rates.
Disclaimers This Mediation Service is not a substitute for the advice of an attorney. Participants may choose to seek legal counsel for their specific situation. The mediators retained through this program are independent parties, and not agents, representatives, employees, staff or independent contractors of either the City of West Hollywood or the WHCC. The WHCC and the City of West Hollywood are not responsible for any loss, injury, claim, liability, or damage caused by errors or omissions or otherwise resulting from the parties’ participation in these mediation services.
All documents are prepared following the review and approval of both parties. Participants are not pressured in any capacity and freely sign any documents or agreements.
Post Mediation Survey Following your participation in the Mediation Service , you will be asked to complete a survey about the mediation process and program. WHCC will maintain your survey responses as confidential and use this information solely to evaluate the program’s success and distribute general statistical data related to the program (in the aggregate without disclosure of confidential identifying data) to the City of West Hollywood.
What Outcome to expect?
What financials documents will be admissible for the landlord for tenants’ proof of financial hardship?
The tenant must provide supporting documentation that demonstrates a loss in income. The type of documentation should be agreed to among both parties.
Timeline, schedule and terms of rent reduction and/or deferral payment agreement.
Payback agreement length of time Landlord will provide, amount and schedule of payments.
HOW IT WORKS
Scheduling Process Once the Tenant and your Landlord elect to participate in the Mediation Service the parties will mutually select your Mediator and submit your Intake Form. You will be contacted directly shortly thereafter by your Mediator to arrange a convenient mediation time available for both parties, between Monday through Friday, 9:00 a.m. to 5:00 p.m.
Video Conference Due to COVID-19, all mediations will be conducted via the internet on a secure conferencing platform.
Time Frame Mediation cases shall be governed by the provision of a Standard Mediation and will consist of 3-4 hours of direct Landlord and Tenant client contact services and not more than 2 hours for non-direct client services. If a case requires additional hours of Mediation Services, clients may request additional hours of service which may be granted based on the individual circumstances involved in case. (include process for hiring directly if not resolved) California Evidence Code SECTIONS 1115-1128
California's mediation confidentiality laws are laid out in Sections 703.5 and 1115 to 1129, inclusive, of the Evidence Code.
All communications, negotiations, or settlement offers in the course of a mediation must remain confidential.
Statements made and writings prepared in connection with a mediation are not admissible or subject to discovery or compelled disclosure in noncriminal proceedings.
A mediator's report, opinion, recommendation, or finding about what occurred in a mediation may not be submitted to or considered by a court or another adjudicative body.
A mediator cannot testify in any subsequent civil proceeding about any communication or conduct occurring at, or in connection with, a mediation.
This means that all communications between you and your attorney made in preparation for a mediation, or during a mediation, are confidential and cannot be disclosed or used (except in extremely limited circumstances), even if you later decide to sue your attorney for malpractice because of something that happens during the mediation.
Founded in 1921, the West Hollywood Chamber of Commerce is a 501(c)6, non-profit organization which supports and promotes a community environment where commerce can flourish. The Chamber fosters prosperity and champions local business by providing resources and leadership to advance activity through economic development. We advocate and represent business interests to government, while enhancing the quality of community life and promoting the uniqueness of West Hollywood.
Kim Deck, Esq.
ON DECK MEDIATION
Resolving conflict requires experience, skill, knowledge, and persistence tempered with humanity.
WEBSITE BIO One of the nation's most experienced and accomplished mediators, Kim Deck, Esq. has devoted two decades to a full-time dispute resolution practice. Using her acute problem-solving skills, extraordinary empathy, and knowledge of the law, Ms. Deck helps businesses and individuals find creative, equitable solutions to complex and sensitive disputes.
Serves as mediator and neutral fact-finder
Successfully resolved over 4500 cases
Los Angeles Daily Journal Top 40 California Neutral
Specializes in entertainment, employment, business/commercial, partnership dissolution, sexual assault, insurance bad faith, real estate, personal injury and serious injury matters with high emotional content.
Distinguished for her ability to handle high stakes/high emotion cases and for her exceptional commitment to the settlement process, from pre-hearing phone conferences to post-mediation follow-up
Rj Molligan, Esq
A mediation service for those who seek to resolve disputes with open communication in a confidential setting that encourages a Win-Win result and the preservation of valuable business relationships.
BIO RJ (“Rene Juliette”) Molligan is a civil trial lawyer with 30 years of experience representing both plaintiffs and defendants in civil litigation. She is a member of the prestigious American Board of Trial Advocates (ABOTA) and is a certified to practice law in all California State and District Courts. She is currently the senior trial lawyer at the Razi Law Group, APLC, located in Beverly Hills, CA. RJ has extensive litigation experience in all areas of civil law, and has handled cases relating to real estate, personal injury, general negligence, trust and estate issues, employment, legal and medical malpractice, contract, and family law. RJ is also an approved mediator for the Los Angeles Superior Court as well as the California Association of Realtors. RJ was Co-president of the LGBT Bar association in 2009 and 2011 and was on national television in connection with her advocacy for LGBT civil rights. In 2012, RJ received the “Alumnus of the Year Award” from Loyola Law School’s Outlaw organization which recognized her contribution.