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Mediation is a great alternative for
resolving your small claims dispute. Mediation is
where you and the other party meet with a neutral person
– called a mediator – who is specially trained to
help people resolve their disputes without
needing to go in front of a judge.
In mediation, everyone works together to find a solution,
instead of having the judge make a decision.
The mediator will not force you to reach an agreement.
Whether you decide to resolve your dispute,
and how you resolve it, is up to you.
And, if you can’t settle,
you can still have a judge decide your case.
There’s nothing to lose by trying mediation,
and there is much to gain.
There are a lot of reasons why it is a good idea
to mediate your small claims dispute,
whether you are the plaintiff or the defendant.
Many people are more satisfied with the process
and results of mediation than with a court hearing.
You should consider mediating your case because:
Mediation sessions are conducted at a slower pace
In mediation, you have more time to discuss
your situation and talk about the issues.
During a court hearing, you may only have
5 or 10 minutes to present your case.
Conversations in mediation are private
What you say in mediation is confidential and
normally cannot be repeated in court later.
Court hearings are open to the public and
everything you say to the judge will be heard by
everyone who is sitting in the courtroom.
Issues not relevant to the court can be
discussed in mediation
In mediation, you can talk about issues that a
judge would not be able to consider under the law,
but are very important to you and how you feel
about the dispute.
If you go in front of a judge,
the judge has to apply the law to the facts of the case,
and take into account only those
facts that the law considers relevant.
Settlements in mediation are not limited to money
A judge usually has to decide if one party
owes another party money.
In mediation, the parties can reach
other types of agreements
like giving one side a chance to fix the problem,
return property, or apologize.
In mediation, you have more room to create an agreement
that suits you and your particular situation.
There is no deadline for settling a case in mediation
Different types of cases have different deadlines
by which they must be filed.
If you file a claim in court
after the deadline for your type of case has passed,
the judge will have to apply the law
and you will lose your case.
But, you can still resolve your case in mediation,
since you, the other side and
the mediator have more flexibility
than the judge and can make an agreement
beyond what the law requires.
Mediation can help maintain relationships
between the parties who have the dispute
Mediation can be particularly beneficial in disputes
between neighbors and family members.
It allows the parties to work together to
reach an agreement instead of a judge
making a decision for them.
This can help avoid or resolve future disagreements.
Mediated agreements are often more likely to be followed
When the judge makes a decision,
at least one side usually doesn’t like the order,
and often, neither side is happy.
In mediation, both sides usually agree on the
outcome so everyone is likely to follow it.
Collecting your money or property may be easier
If you reach an agreement through mediation,
you may not need more court hearings.
The other side is more likely to pay you
because they were part of reaching that agreement.
Settlements reached in mediation may not affect your credit
If you lose in court,
the court will enter a judgment against you,
which may show on your credit report
and could hurt your credit.
In mediation, you may be able to reach an agreement
that does not affect your credit.
You can go to mediation any time.
If you are having difficulty resolving a dispute
with a person or business,
you can suggest mediation to the other party.
When doing so, it may help to give the other party
information about mediation.
Consider giving them a copy of this
video or other written information.
Also, you may consider asking the other person to
suggest a mediator to help resolve the dispute.
If you are sending or responding to a demand for payment
or for a problem to be fixed before filing a claim with the court,
consider asking the other party to mediate the dispute.
Some mediators will even call the other party for you,
explain mediation to them,
and encourage them to mediate your dispute.
Remember, you can ask the other side to mediate your
dispute before or after a small claims case is filed.
Preparing for mediation is a lot like
preparing to go to a court hearing.
It is important to identify and organize the
facts that are relevant to your dispute.
And, you should make sure you know about
the facts that support the other side,
not just those that support you.
It is also important to understand the law
that applies to your dispute.
If you are going to mediation before
or instead of a hearing,
there are some other things you should do to prepare:
Think realistically about how the judge will
decide the case if you don’t settle in mediation.
Consider whether you or the other party
is angry or has hurt feelings, and why.
Think about what you and the other
party would really like to accomplish.
Consider if something besides,
or in addition to,
money might help to satisfy you or the other party.
Come up with a list of alternatives that both parties
might agree on to avoid going to a hearing,
or the possibility of losing, or not collecting if you win.
Remember that, like at a hearing,
the court probably will not be able provide you with an interpreter,
so if you do not speak and understand English well,
you should bring your own interpreter to your mediation.
At mediation be sure to present your side of the dispute clearly,
and to listen carefully to the other party’s point of view.
Make suggestions for how to settle the dispute,
but also listen openly to other ideas.
Remember that mediation is about give and take.
Everyone has their own point of view.
Although you may feel like you’re 100% right,
you may learn things that help you better understand
the problem and resolve the dispute.
Many counties have non-profit dispute resolution
programs that provide free or low cost
mediation before or after a claim is filed.
Many small claims courts offer free or low cost
mediation either before the hearing
or on the day of the hearing.
Private mediators are available in many communities,
and they often advertise in the yellow pages,
newspapers, or on the Internet.
Private Mediators’ backgrounds and fees vary considerably,
so be sure to ask!
To find a program near you,
ask your court for a list of mediation programs in your area.